Conflict And Balance Between The Secret Investigation And Privacy Protection

Privacy is one of the most important rights that citizens should have. With history development, citizens'awareness of privace get strengthened and more importance is attached to privacy protection all over the world. Current regulation for privacy protection is scattered in our nation. Restriction of secret investigation is also lack. Privacy invasion happen frequently while investigators with mission of fighting crime are under secret investigation. The author studies the confliction and balance between secret investigation and privacy protection, combined with related cases. The thesis has six parts and over18,000 Chinese words totally.Part one, introduce a case and put forward a disputed poit. Here is the brief, a political commissar in Public Security Bureau monitored calls of the chief of bureau in the name of investing terrorist activities and drugs. The author introduces simply the development of the case. There are three disputed points: first, whether the behavior of Gao and Wang can be defined as secret investigation or not; second, how to apply the secret investigation; third, whether the behavior of Gao and his fellows invade citizen's privacy or not.Part two, summary of privacy protection. The author states definitions of privacy and privacy law, origin of privacy law, status of privacy protection internationally and judicial status and legislative attitude on privacy protection in our nation.Part three, summary of secret investigation. The author states the definition, characteristic and main category of secret investigation. The author also introduces several methods of secret investigation related to privacy invasion.Part four, confliction and balance between secret investigation and privacy protection. The author introduces confliction between secret investigation and privacy protection, definition and criteria of secret investigation value. Combined with analyis on the case, the author also discusses balance between secret investigation and privacy protection from the positive and negative aspects of secret investigation.Part five, suggestion on legislation and measure. Put forward suggestion on legislation and measure from five aspects, strengthening concept of privacy protection, opimizing supervision mechanism of secret investigation, punishing for illegal secret investigation, strengthen construction of detector's professional ethics and establishing rescue mechanism of privacy invasion. Part six, conclusion. Through discussion, the author thinks that regulations of privacy protection have defects in contents and legislative technics in our nation. Legislation for secret investigation should be improved.