On Privacy And Protection Of The Law

The right of privacy is a basic human right which concerns the natural person's peaceful life, and it represent the natural person's domination and control of his private information that has nothing to do with the public interests. The legal protection of the privacy is the request of the contemporary human rights and the inevitable result of the social development. Strengthen the legal protection to the natural person's the right of privacy is very important for protection of the natural person's dignity, regulation of legitimate exercise of the public power, and promotion of harmonious coexistence of human being. For many reasons, the protection of the right of privacy in our country is in initial stage and not perfect, and the infringement of the right is often happened. So the request of the protection of the right is urgent.The introduction of the idea of the right of privacy into China is late and the research of it is not enough and cannot meet the requirement of the development of the times. These do not favor the establishment and the consummation of the legal system that protect the right. Based on this understanding, the article discussed the elementary theory of the right of privacy at the beginning, then clarified the attribute of the right, the importance of the protection of it, and gave some advices about the consummation of system of the protection of it. The whole article included four parts.The first part mainly discussed the basic theory of the right that included the conception, attribute and the characteristics of it. Through analyzing the conception of the right of privacy, the article concluded that "the information theory" is the best that suit to the facts of China. Through analyzing the nature of it, the article concluded that this right is belongs to a kind of the right of dignity and its existence can effectively defend and realize the natural person's personal dignity. Through analyzing the characteristics of it, the article concluded that the right is independent, limited and all-round. Also the article originally analyzed the connotation of the negative power of the right of privacy and reached the right of reputation and the right to know that always confused with the right of privacy.The second part mainly expounded the significance of the protection of the right of privacy. Firstly, it can give the natural person master's superiority and a human being's dignity. Secondly, it can regulate the exercising of the public power and enable the public power respect the private right, so as to realize the harmonious coexistence between human being and the society. Thirdly, it also can regulate the exercising of the private right and enable everybody respectother's privacy, so as to realize the harmonious coexistence among people. Fourthly, it can provide the important moral judgment standard for the technical development and enable the technical development not to be the tool and accessory of invasion of the natural person's private peaceful life.The third part mainly analyzed the current situation about the protection of the right of privacy. We can find some items of the protection of the right in the law, but the protection is not enough and it should be improved. The main reasons of the poor protection are these listed as below: the influence of traditional moral rules, we attach more importance to collectivity rather than individual, we make few research about it. In our country the executive liable to ignore the right mainly because we always attach importance to dictatorship and collectivity in our political life and we have not perfect system of punishment.The fourth part mainly put forward some measures to improve the system. Firstly, we should set up or amend our constitution, civil law, and specific law. Secondly, we must enhance the punishment of the infringement of the right. Lastly, we should strengthen the education about the right in whole society so that we can get a good social atmosphere in which everybody respect other's privacy.