Against Private Secret Crime Is A Comparative Study

Protection of private secretes reflects continuous social development, which is the representation of humanist. While criminal law, as a base line of social defense, shall pay much indispensable attention to the protection of private secretes. At the initial stage of capitalism in the 19th century, violation of private secretes had been a very important provision in some Europe countries' penal code. With the development of legislation in common law system countries since the 20th century, American and Canadian legislators also put the provision about private secretes into their penal codes. In the contrast, protection of private secretes has never been put in a vital position in our country's legislation and theory, and so that the concept of "protection of private secrete" has never been seen in the penal code by Chinese people.However, in global advocacy for the full protection of private secret behind the tide, our criminal legislation and theorists have billows out of fashion. Since the beginning of this century, technology and the rapid development of modern media technology and the rapid spread of human nature, the survey seems to be the desire of others secret increasingly strong, or to satisfy curiosity psychological, or to achieve commercial purposes, and even to achieve political ends, others are not uncommon against private secretSo, why it abroad on private secret criminal legislators such importance, and what our criminal legislation in the criminal law should not be included in the vision? Legislative omission, or that is deliberately?All three try to resolve this issue from : the first part focuses on the analysis of the basic theoretical issues, from the comparative study of foreign criminal legislation have extracted a private secret connotations; Part II focuses on the more Europe, the us, Japan States against criminal legislation against private secret crime, from charges of, crime objects, actors, behavior patterns, completion patterns, the six models analyzed the proceedings secret criminal legislation against private law, criminal legislators study the legislative intent in order to learn from China's criminal legislation; My research focused on the third part of a secret crime against private criminal justice legislation and the status quo, and compare the...