The Criminal Law Protection Of Network Privacy

Network privacy is a special reflection of traditional privacy rights under the environment of the network. With the development of the network, the case of the infringement of citizens’ network privacy is frequently occurred. Because of lacking of the effective protection of the network privacy, everyone has the possibility of being the object of the network privacy crime and all of them feared of being imperiled. Because of its own characteristic, criminal law should conform to the need of reality and play its irreplaceable role in the protection of the right of the network privacy as the present situation which the right of network privacy is threatened more seriously. Unfortunately, the protection of network privacy in our criminal law did not gain enough attention. Protection of network privacy in our criminal law is by indirect protection of the "personal information". This kind of protection can’t protect citizen’s network privacy in an effective way. Through the method of comparative analysis, case analysis, system analysis method, induction method etc, this paper discuss the topic of the criminal protection of network privacy, aiming to promote the protection of network privacy in our criminal law.Besides the preface and conclusion, this paper is divided into five parts:In the fist part, the paper summarizes the basic theory of network privacy. At first, the paper discusses the concept of privacy, and then the concept and content of network privacy, at last the connection and the difference between privacy and network privacy.In the second part, the paper discusses the present situation and the reasons of network privacy. The paper discusses it from three aspects:the present situation and characteristics; the causes; the main manifestations which may constitute the criminal law. The paper obtains the characteristics and causes of network privacy by inducting and analyzing of the present situation, and then put forward four aggressive conducts which should be controlled by criminal law.The third part discusses the necessity of protecting network privacy in criminal law. The paper discusses it in two aspects:social need and characteristics of criminal law. At the last part, the paper takes "cyber manhunt" as an example in order to prove that the criminal protection of network privacy does not violate the modesty of criminal law.The fourth part discusses the comparison of the network privacy protection by criminal law in different criminal codes. Firstly, the paper introduces the criminal legislation on the right of the network privacy in the criminal codes of Spanish, Germany and France. Based on the analysis of the legislation in the three countries, we can obtain a reference in our later criminal legislation. And then the paper analysis the criminal legislation of network privacy in our criminal law and especially focus on the existing problems in our legislation.The fifth part suggests on the protection of network privacy in criminal law. The paper proposes the improved suggestions from micro and macro levels. In micro level, the paper proposes the improve suggestions of the Penal Code (7); in macro level, the paper expounds the way of incriminate of "incriminate mainly by judicial and supplemented with legislation", and propose suggestions on standard of criminalization and criminal penalty. At last, this paper suggests adjusting the system of criminal law in general and other measures in order to make the protection of network privacy effective...