On The Constitutional Protection Of The Right Of Privacy

The objection of the dissertation is to discuss the constitutional protection of the right of privacy which is included in the human rights. Revolves around how to make the balance between the right of privacy and the public interest, compares with the mature theory and the experience about the right of privacy constitutional protection in other countries. The dissertation first introduces the reason for the topic selected,the significances and the content in the introduction part. The main text altogether is divided four parts:Part I:Right of privacy meaning. Introduces the scholars'viewpoints to the right of privacy, analyses the attribute of the right of privacy, the dissertation stresses that the right of privacy is the freedom right of private life which consists of the self-control of private information, the self-domination of private affairs and the self-determined of private activities. The right of privacy is not only the individual spiritual right ,but self-governed freedom right and relative right. Along with the state power expansion and the high technology development, the right of privacy needs constitution protection . As one of human rights, the right of privacy can be established in the constitution.Part II: The foundation of the protection of the right of privacy. From the legal principle theory, the author's thought is the value that legal protects right of privacy is the personal dignity. The author has analyzed the personal dignity meaning, the personal dignity and the right of privacy constitution protection relations. The constitutional protection of the right of privacy can make everyone freedom at his private realm, and exclude the civil rights intrusion. This also manifests that the self-determined is the direct value base of the constitution protection of the right of privacy. But, the personal dignity is the most major reason of the protection of the right of privacy, it can explain the significance to everyone mostly, it is the right of privacy ultimate goal.Part III: Traced from the emergency of the constitution protection of the right of privacy. The author analyses the limitation that civil law protects the right of privacy and the necessity that constitution protects it.Introduces the developing process of Privacy constitution protection in main countries,compared the development of constitution protection of the right of privacy both in America and in Germany. The author insists that both countries have the same way that is the judicial review ,the difference is that the right of privacy in America is in order to protect freedom, Europe is in order to defend the personal dignity.Part IV: Concerning how to set up a more effective system to protect the right of privacy in China. First, there are a few and fragmentary rules on the right to privacy up to now in our country. Next, from several important social domains we can find that the right of privacy needs protected necessarily. Then, the author have analyzed the reason in-depth, and thought that we must perfect the constitution protection of the right of privacy by establishing the direct effectiveness of privacy in the process of the establishment of constitutional system.In conclusion, the right of privacy as one of the basic human rights in the modern welfare state must be prodected by constitution, the most important content of the privacy right constitution protection is the judicial review.