Study On Criminal Victims’Privacy Right Protection

With the independence of the privacy right gaining widely recognized, the traditional privacy right protection in criminal procedure cannot meet the needs of modern human rights protection, especially in the field of criminal victims’privacy right protection. However, not only is there any specific definition of privacy right in constitution, but also there are merely principal provisions in criminal detection and trial stage in criminal procedure, which make the criminal victims’privacy right protection stay behind seriously. Therefore, it is of particular importance to strengthen the research on the protection of criminal victims’privacy right. This article mainly uses two methods combining comparative analysis with induce and deduction to frame the criminal procedure law, which regards the criminal victim as the main body, the privacy as the object. Moreover, according to the relevant legal rules in China and other countries, this essay analyzes the protection situation of criminal victims’privacy right and puts forward reasonable solutions on how to improve the existing system.The first part is concerning the basic connotation of criminal victims’privacy right. Based on explaining these two important concepts on criminal victim and privacy right, summarize the meaning and characteristics of criminal victims’privacy right, which provides the theory foundation for the discourse below.The second part is briefly concerning the value of criminal victims’privacy right protection. Avoiding criminal victims suffering for the second time, improving the detection rate in criminal cases, maintaining the balance of human rights protection between the criminal suspect and the victim, and complying with the requirements of international standards are the four basic values that embody the necessity and urgency of criminal victims’privacy right protection.The third part mainly discusses the comparative study of criminal victims’privacy right protection, which respectively introduces the related legislation and judicial practice in several representative countries of common law system and civil law system as well as the international documents on human rights. On this basis, sum up the international development trend of criminal victims’privacy protection.The fourth part mainly expounds the existing problems of criminal victims’privacy right protection in our nation. However, compared with western countries, there has not been issued any specified laws about criminal victims’privacy right protection so far in China, so that the concerning systems are still in the primary stage. That lacking of the clause of privacy right in constitution, the lack of rules of criminal victims’privacy right protection in criminal investigation and trial stage, short of legal relief mechanism and the impertinent news reports has become a great threat to criminal victims’privacy right protection. Owing to these issues mentioned, it is helpful to pave the way for perfecting these main problems in the fifth part.The fifth part expresses the legislative proposals on how to perfect criminal victims’ privacy right protection, which contain five facts that clearing the clause of privacy right in constitution, perfecting the criminal victims’privacy right protection in criminal investigation stage as well as improving it in criminal trial stage, establishing the legal relief mechanism and regulating the news reports, so as to adapt the needs of human rights development at the current stage.