On The Protection Of Rights Of Privacy In Investigation Procedure

Since the American scholars put forward the concept of privacy officially in1890, then privacy have developed fast in many countries of the world. Along with the development of the civilization and citizens’consciousness of human rights, strengthening the protection of citizens’privacy has been irresistible. In the first stage,people mostly studied privacy of tort law perspective, the attention is the relationship between the individual citizens. Along with the needs of national crime control and rapid development of reconnaissance means especially technical investigation, phenomenon of infringing the right of privacy in investigation is more and more outstanding. The urgent need is to give citizens the right of privacy the basic position in constitution,then,privacy of the meaning of the constitution,which pay attention to the relationship between the public power and personal rights,gradually got in the view of people.The privacy of The constitution was established formally in America,then, provision of protecting privacy had been written in constitution gradually.In criminal lawsuit, in order to safeguard the public interest and make the investigative organization discharge of legal duty,we need to restrict the rights of privacy. Legitimation reason given indictment of the privacy of intervention and reasonable.The investigative organization’s intervention act will be exemption for legitimation reason even though it infringed the right of privacy. However, because of the natural expansionary and Infringement of act of investigation and fast development and application of investigation technology, the right of privacy is often infringed in practice. therefore, we have necessary to restrict the powerful national power of investigation. in order to protect the citizen privacy which is in a critical situation. In the investigation procedure,we have to restrict and protect the privacy in both,however,based on The idea of rule of law to restrict national power and protect citizen rights, we should to protect privacy for key. Now that to protect privacy,there will be a problem of what kind of privacy to protect and what level of protection, that is privacy scope in investigation. The constant change and development of social reality cause the scope of privacy in the procedure of investigation with uncertainty. therefore, we have to use some general criteria to define the range of privacy. These standards include the proportion principle and" the reasonable expectation of privacy" standard.through the apply of these standards, the judge can judge and identify the boundaries of privacy in the procedure of investigation in the specific case, which made the right of privacy protection to be practicable.Investigation of the developed countries’legislation and justice, we can find that, protection of legislation and justice on privacy is weak in china.The provisions of privacy are scanty in our legislation, and it is not established in the constitution as a fundamental right. In justice,the start-up and implementation of investigation behavior are lack of procedural restriction, our country citizen’s privacy rights face great threat,when they are suffered from rights of investigation, they have no effective relief.This does not accord with the fundamental objective of the construction of a country ruled by law. On the specific investigation measures,there are shortcomings in search seizure、 interrogation and other conventional investigative measures,also in compulsory sample collection、 surveillance、 monitoring and other technical investigation measures. We need continue to strengthen the research of the protection of the privacy right in the investigation procedure,and to find the improvement direction and path.To change the protective situation of the privacy in our investigation procedure,the first thing we need to do is changing our ideas、setting up the litigation rights’ idea and strengthening the protective legislation of privacy. Only when investigators have strong protective consciousness of privacy, the protective legislation can really be implemented. Secondly,we should improve the review mechanism of the investigation behavior, let the exercise of the investigation under the supervision of procuratorial organ, effectively protect the privacy of citizens.Then due to the authority need of suing criminal, the investigation organ and the investigators in the investigation process are easily accessible to the privacy of citizens, if the investigators easily open and spread the privacy, it will lead to serious violation of citizens’privacy. Therefore, we need to establish sanction mechanism of procedure illegal. Finally, we need to establish relief mechanismof privacy tort, so that when the privacy under investigation violation,it can solve through the legal way.