The Discussion On The Legal Protection Of Privacy

With the development of modern social economic, science and technology,the people's lives not only become more convenient, but also become more unprecedented open and more transparency for individuals living space, personal privacy have been violated, the civic life of peace and personal independence are damaged,Therefore, the people take more and more attention of the importance of privacy protection ,and the privacy rights have been an more and more important concern. Many countries in the world take pretty attention of the protection and study of privacy rights, adopt the Constitution and tort law to make the citizens enjoy full freedom of decision-making power from others or public powers of intervention in family life and personal affairs in the area.In recent years the building the rule of law in China have been making considerable progress, the awareness of the law of majority of citizens has been raising. However, we must realize that as the awareness of the law of citizens has increased, our laws also exposed many problems. Especially in recent years, the awareness of protecting "Privacy" is enhanced, and the increasing of litigations caused by privacy violations arouses the concern of the community. But the study on the privacy our country is backward, the development of legislation is slow,too. Since there is no special provisions to protect privacy in the Constitution and civil law, the violation of privacy is very common. How to protect the privacy become a hot issues of the legal profession. Therefore, in order to conform to the development of human rights in the world and the trend of China's market economic development,we should accelerate the study and protection of privacy.This paper aims to give some recommendations and views on how to strengthen and improve the legal legislation protection of privacy of our citizens, by sorting out the the development process of privacy at home and abroad and comparing the deficiencies of the legal protection of privacy on the form,according to China's current status and the protection of privacy the deficiencies, and in the light of results of foreign privacy legislation .The issue should not only supply theoretical basis on China's proposed legislation of privacy,but also raised the idea of constitution the legislative of the privacy. Specifically, the author dispute the use of the German concept of the personality right in current China, recognizing the right to privacy as a form of personal, propose drawing the United States' way,identifying the privacy as a commen personality right,in order to meet the development needs of privacy. At the same time, congsidering of the long-term development of privacy, the author also recommend the protection of privacy should be rised to the constitutional level, to solve the modern crisis of the power of countries involved in where the private sector facing to.