On Criminal Protection About The Right To Privacy In China

Contemporary society, it is abundant in material living standards, while the pursuit of the spiritual needs is increasingly strong. The awareness of privacy concerns is one example. However, in our country, the status of the theory and legislative is not without regrets: the concept of the privacy has different opinions and it is difficult to be unified; legislation does not yet give the privacy a Justifiably Identity. This makes: The civil rights as an independent right to privacy can only survive in the public powers and other civil rights` slit, which stagger of what it is today and bring a lot of inconvenience to the protection of privacy. At present, Chinese current legislation protects citizens` privacy and it should be placed in the right part of the personality of the civil law to be protected. However, the judicial practice appears the reality of a large number of serious violations of privacy and the private law has been inadequate. At the same time as the last line of defense, the criminal law is also helpless because of no express provision. These facts fully demonstrate that: the privacy of citizens needs to be protected by criminal law and our theoretical research should walk in front of practice to be the support guide. Chinese criminal law on privacy protection of theoretical research is still in its infancy, so there are a lot of problems needing to analyze. This is the motivation of writing this paper.This paper firstly defines the basic content of the right to privacy. The privacy is a young concept, and its history is relatively short, but develops rapidly. Its content is from the negative to the negative and positive co-existence and is emphasised from weak to strong. At the same time, it has experienced an evolution from private law protection, general protection to the evolution of special protection. Privacy is a newborn of the basic human rights. The value of basic human rights and the value of law are essentially the same. The reason why the criminal law protects privacy is decided by people` value. At the same time, the function of its own criminal law also determines to put the characteristics of those acts of gross violations of privacy into the criminal law`s protection. In China, the theory of criminal law protection of privacy is in a hungry state. A large number of cases of invasion of privacy make the criminal law protection of privacy imminent. In view of this situation, we stretch outside line of sight, studying different countries or regions` way to protect the right to privacy Criminal Law and to explore our own models. Combined with the local conditions, we need to improve the criminal legislation from the two aspects of macro-and micro-perfect in order to curb such criminal, benefit the people and make the society harmony.This text is divided into five parts: The first part mainly discusses the meaning of privacy. Through the research to the development of the right to privacy, we can summarize that the right to privacy is an open concept of development. Its contents are from the negative to the negative and positive co-existence and are emphasis from weak to strong. At the same time, it has experienced an evolution from private law protection, general protection to the evolution of special protection.The second part provides a reasonable basis for the criminal law of the protection of privacy. Firstly, this part proves the theoretical foundation in which protection of privacy can be included in the scope of criminal law. Secondly, starting from much-needed reality of judicial practice, this part raises the veil of theory of hunger and thirst and discusses deeply legitimacy of Criminal Law Protection of Privacy.The third part examines other countries and regions in the world`s criminal law on privacy protection status. Comparative analysising the status of the United States, Germany, Japan and other countries` Criminal Law Protection. This part analysises and summarized their different Protected Modes .The fourth part reviews the history of the privacy in china and makes a remark of the current status of criminal law protection. Starting from ancient times, through the different stages of the legislative analysis, this part obtains the absence of the privacy protection legislation in our country, the existing moral rights protection under civil law, criminal law protection of privacy and other findings call for the urgent reality.The fifth part gives us the ways to perfect the criminal law protection of privacy. Learning from the advanced experience of foreign countries and the objective reality of the criminal protection of privacy in China, the writer gives us some specific advises to perfect the criminal law from the view of macroscopic and microcosmic.