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On The Constitutional Protection Of American Privacy Right And Enlightenment

Posted on:2010-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XuFull Text:PDF
GTID:2166360278472908Subject:Law
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The objection of the thesis is to dicuss the constitutional protection of the right of privacy which is included in the basic rights.Based primarily on the American protection theory and practice, this dissertation discuss the history, foundation of the constitutional protection of the right of privacy carried out in foreign countries.It aims to provide reference to the right of privacy in China, and make proposal on the constitutional protection of the right of privacy combined with situation in China.The thesis contains four chapters.Chapter I, On the history of the constitution protection of the right of privacy. Traced from the emergence of the legal protection of the right of privacy, analyzing on the history of the right of privacy according to several typical cases, the thesis reaches a conclusion that the meaning of the right of privacy is wider.Chapter II, On the value foundation of the constitutional protection of the right of privacy.In the view of western traditional culture, the dissertation analyzes that the self-determined is the direct value base of the constitutional protection of the right of privacy, the core of the right of privacy is to let alone.The ultimate value base of the right of privacy is dignity of personality and the aim of the right of privacy is to let person live with dignity.Chapter III, On the system foundation of the right of privacy. The main article is to explore the American system of basic privacy protection, the United States consider the development of privacy depends on the fourteenth amendment to the Constitution of the United States of due process "clause and the judicial review system of the United States.Chapter IV, On the enlightenment to our country of the constitutional protection of the United States citizen right of privacy. Article inspection of China's right to privacy protected by the Constitution of the status quo, consider the protection of privacy in our country are the overall lack of the. Article has not addressed the privacy protection of our overall concept, but In view of the United States Constitution protects the privacy of the model, put forward some enlightenment."...
Keywords/Search Tags:constitution, the right of privacy, self-determined, the dignity of personality
PDF Full Text Request
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