Privacy Constitutionally Protected Legal Analysis

Most of rights should be made known to the public except privacy right. As one of the human rights, privacy right emerged later than others, however, this doesn't mean that privacy right is unimportant, on the contrary, it's so significant that is has not only protected people's human dignity, but also has restricted administrative power to expand at will. Meanwhile, since the right to privacy came forth so late that most of countries of the world seldom define it by constitution. In fact, the protection of privacy right usually depends on the law of different branches and constitutional cases. Moreover, since different countries have different leagle cultures and leagle values, which brings about distinct privacy zone and individual life. how to restrain the right to privacy has always been a focus of argument among educational circles.This paper tries to demonstrate the necessity and feasibility of privacy right protection in our country through analyzing the conception of privacy right, the theory basics of privacy right protection by constitutions, the regulation of constitutions about privacy right ,the actual privacy right protection condition and how to improve and develop the protection on it.This paper discusses the privacy right protection by constitution through comparing the theories and practice of America and Germany about privacy right protection, and proposes that the privacy right should be protected by constitution.The purpose of this paper is to seek theory basic for the construction of privacy right protection by constitution in our country. Moreover, the author compares four theories about privacy-protection by constitution, on the basis of analyzing the development of privacy-protection in America and Germany , probes into their influence and effect, and insists that the right of privacy should be regulated properly.In this paper, the author tries to analyze how to protect privacy right by constitution. Although privacy right has not been treated as a specific and independent right in China, with the development of our society, culture and recognition of human right, protecting privacy right by constitution should be a way every country has to go. Here, the author insists that in our country, we have to build a frame of protecting privacy right both by constitution and branches law.