Criminal Protections For Privacy

Privacy includes three aspects of content: the first is the citizens’ personalinformation privacy, in the form of information; the second is about citizens’ personalprivacy in the social activity, in the form of transaction performance; the third is aboutcivil privacy, private space in the form of peace in the field of performance. Privacy as anindependent personality right, is a natural human maintain personal dignity haveindependent personality, shall be entitled to enjoy the dominance of private life, the rightof peaceful space, engaged in personal affairs. Privacy protection in accordance with lawof the criminal law free value, order value and justice value, respect and safeguardhuman rights is the inevitable requirement of, also meet the need of the era of socialdevelopment. Anglo-American law system and continental law system countries and thearea of privacy protection of criminal law has the following characteristics: overallprotection mode is superior to the dispersion of criminal law protection model, directprotection mode is better than that of indirect protection mode, applicable widely usedmode of criminal legislation, set up the unit crime, misdemeanor mode and means ofdiversification, applicable no trail to without complaint mode. In the existing criminallaw there are a number of problems with the protection of privacy, including independentprivacy, privacy protection of criminal law,criminal law has not yet been determinedscattered system, insufficient recognition of criminal law on personal secrets, criminalindictment set unreasonable, the lack of unit crime, punishment and mitigation measuresset is not flexible, the lack of no trail to without complaint mode, etc.To further perfect ourcountry criminal law the privacy protection of retrieval should implement the right ofprivacy, the privacy rights criminal law protection system, strengthen the protection ofpersonal secrets, fixed charges set unreasonable terms and conditions, set the unit crimeof invasion of privacy, perfect the punishment measures, set up security measures,additional no trail to without complaint prosecution mode.This paper is divided into the following three parts:The first part mainly discusses the basic theory of criminal law to protect the privacy, mainly explains the concept of privacy, the meaning of the definition of privacy andprivacy protection of criminal law.The second part mainly examines the common law countries such as America,Britain and Germany, Japan and China Macao criminal law of continental law systemcountries and regions such as privacy protection legislation pattern, and carry oncomparative analysis.In the third section explores the status quo of privacy in our country criminal lawprotection, analysis of existing problems, and puts forward the needle of legislativeproposals.