The Criminal Right Of Privacy The Legal Protection Of Research

The right of privacy has been fully protected as an independent personality right in the Occident. But due to the impact of traditional views and practical factors, the people at present in China still lacks the understanding of the right of privacy that is only protected by Tort Liability Law, not by Constitution, Criminal Law etc through establishing the protection system. The question that whether the special group of the criminals should have the right of privacy and how to be protected if they have is rarely mentioned. Combining with working experience to analyze the right of privacy from the perspective of experimental study and based on the principle of proportion purpose, the justice purpose and respecting dignity, the author hopes to provide some help to improve the protection system of the right of privacy by proposing some suggestion on legislation and justice through defining the concept of privacy and the criminals privacy, analyzing the limitation and clearing the theories of privacy in academic circles.Summarization of Privacy. By comparing and analyzing the concept of privacy and concept of the right of privacy, Privacy is a self protecting and state fact of private domestic tranquility, private secret and private domain. It is provide with altitudinal subjective recognition that civilized society should satisfy. Yet the right of privacy, which everything related with can be classified into concept, with the core being inner peace and private secret protection that needs analyzing concrete situation, is a right related with personal affair and personal information etc in the domain that is unaware and also prohibited to be known by others. Meanwhile the criminals are deemed to have the right of privacy from the perspective of natural right and the major feature, limitation, of the criminal right is concluded and the basic principle of the limitation is elicited.The current protection of the criminal privacy in our country. The current protection in both international and Chinese legal documents has been described. The possible circumstance that the right of privacy be violated in juridical practice has been selectively analyzed.The consideration of the criminal privacy protecting system. The author considers four ways to protect the criminal privacy:to let the enforcement officers and the criminals establish the concept of the right of privacy, to consider on the legislation of privacy protection, to establish the restriction system of supervision power to prevent the right of privacy being violated, to establish the relief system to protect the right of privacy etc.