Research On Some Problems Of Provicy In China

Privacy is the line of the human dignity, which reflects the people's desire for living on one's own. It is one of the most basic human rights. To strengthen the privacy of the legislative and judicial protection has become the consensus of the majority of civilized nations. But so far, China has not protect privacy as an independent right,which does not only inconsistent with people-oriented and rights-based philosophy of the times, but also inconsistent with the goals of bulding a well-off society, the rule of law and a harmonious socialist society in China.So it is necessary to build and improve our systems of the protection of privacy based on researching on privacy related to the basic theory, the legal protection systems at home and abroad.First,we discusse the basic theory of privacy by comparation,including the concept of privacy,the features of privacy,the value of privacy as well as the division of public interest and privacy which is considered as private interest.Privacy is a personal right that enjoyed by natural persons who control his or her personal information,life information and private sphere legally,which has nothing to do with public interest.This kind of right is in the characteristics of secrecy, authenticity, complexity,volatility, and also has some restriction.Its value is human dignity.The principles of division of public interest and privacy which is considered as private interes are: (1)a certain number of people benefit from the public interest,(2) whether or not the public interest give the rights of citizens full consideration,(3)whether or not the public interest beyond interest of interest groups,(4)whether or not the public interest beyond a local or departtmental interest,(5)whether or not the public interest takes into account socio-cultural and customs,(6)whether or not the procedural norms of the public interest to achieve is legitimate and proper.Then we find the reasons which cause inadequate legal protection of privacy in China by comparative and empirical methods: information and the concentration of wealth induced infringement of privacy,the rapid development of science and technology brings new kinds of privacy infringement and theory problems,the traditional power-based, the political concept of collectivism,expansion of public power, traditional culture impaction, the ancient family privacy form,villagers society, the rigid civil law and the theoretical study is behind the real needs.Finally,we try to construct a system of privacy protection in China.(1)On the Legislative front,Perfect the Constitution, Perfect the civil right. Perfect the legislative procedures and other legislation.Develop specialized privacy protection law. Consist with the principle of privacy restrictions.(2)On administration of justice, give positive function of the judicial interpretation which play on the development of right to privacy,Display utility function and supplement function of folk custom fully in tries of privacy case's,Set up a special committee to protect privacy.(3)In the field of consciousness.Enhance professional ethics and legal awareness training of professional staff, Improve legal awareness of privacy protection of citizens.