Protection Of The Right Of Privacy On The Constitutionalism Vision

From the world area, the right of privacy—as the Cenozoic vigour of human rights kindred, is the comparative late right of the rights system. The appearance of right of privacy indicate that it is to maintenance personality dignity and freedom, even more to request government power not to infringe at will, moreover to restrict public power via construct self-governing privacy region. After the second world war, because the significance of human rights safeguard is heightened continuously, in the face of power dilatation of welfare state and realism infringement brought by science-technology and information, the right of privacy, as the feature of basic right, enter into the scope of every constitution. However, different culture tradition and merit view shape different meanings of privacy right, and lead to uncertainty of concept of privacy right. Additionally, in China, there is no concept of privacy right. Although scholars discuss the legal protection of privacy right from the angle of personality in civil law, in practice, the rule of government power to individual life is nowhere absent. That is to say, there is no constitutional privacy right in deed. In the face of infringing privacy right by government power, the voice of protecting privacy right(someone calls it as individual information or individual message) claimed by demos, we pick up a good many dawn, especially the , now entering into the legislation procedure this year. Yet, I think, most people don not understand the relation between individual information and privacy, so this is not ultimate succeed of protecting privacy right pursued by we. It is only a blink breach to the constitutional protect in privacy right. In this text, firstly, I attempt to analyze the constitutionalism meaning, accordingly educing that the right of privacy is necessarily the basic right of people protected in constitution, which is certificated responding the swim of development; Secondly, I do some theoretic analysis, including the essence of privacy right, meanings, characteristic, to clarify dispute on constitutional privacy right. Thereinto, I expatiate the relation and the difference between individual information and privacy combining the current , which is the foundation of establishing the system of constitutional protection on privacy right; finally, I do some criterion analysis, and think the realization of constitutional protect on privacy should recur to the effectiveness of basic rights in constitution. I suggest to make the item of 38 of constitution as the constitutional comply, considering the complexity and un-realism of putting privacy item into constitution. This item can be used to recovery public power and to offer gist for establishing section laws. Whereas the gestation of the , I suggest to formulate a uniform (or name it as ), and then build adamancy fort for people privacy right, with the carrying out of section laws and the judicatory work.