On Privacy Protection And Restriction In Duty Criminal Investigation In China

Things will rot first, and then produce worm. The characteristics of duty crime havehappen in China such as "dangerous","high frequency" and "concealment", etc. Withcorruption as the typical duty crime becoming increasingly fierce, it will bring devastatingdamage to the party and our state. It is necessary to strengthen the duty crime investigation.Duty crime investigation is one kind of process about finding the crime, exposing crime,and confirm crime. In the process, from the involved personnel identity, property status,social relations, and other personal information of collection to the interrogation, search,monitor and the other investigative measures, all these are into the privacy of the parties.The concept of privacy is continuously expanding, its’ definition and nature are differentamong the different countries by the influence of factors such as o political, economic,social and legal tradition and so on. Although there are different forms of privacy in everysociety, but the common practice and the principle of regularity have the referencesignificance which the different countries address the problem of privacy in the criminalinvestigation, they can improve and build on our privacy protection and limit of thelegislation and the system. In China, privacy is citizen’s basic rights, and has the nature ofhuman rights. Privacy can not be deprived except be limited. There is conflict betweenInvestigation power and privacy right in the duty crime investigation.The key to defuse the tension is to find the "golden section" between the investigationorgan behavior and citizen right of privacy. The author argues that, firstly setting up theprinciple of minimum damage in duty crime investigation which are based on perfecting alegal system of privacy protection in China, Secondly， establishing systems ofcategorizing the protection and restriction and the system of judicial review on theinvestigation measures from the perspective of duty crime investigation methods. Finallytry to introduce the privacy remedy system, in order to safeguard citizens’ privacy allround.