The Protection Of The Right Of Privacy Under The Electronic Surveillance In Public

Since the reform and opening up in1978, China’s economic development has made great achievement, people’s living standard is increasing, especially in the field of science and technology, several high-tech electronic equipments come into people’s lives. After9·11, electronic monitoring system is developing rapidly, especially in the use of public places. They have played a huge role in protecting public safety and public order, maintaining traffic order, and improving government efficiency. However, everything has two sides. Although electronic monitoring provides convenience to our life, the increasing electronic monitoring is suspected of infringement, which led the discussion in people’s privacy under the electronic surveillance in public places.This paper has four parts. The first part puts forward the right of privacy in public places, analyzes its generation and development, and researches the scope and the concept of privacy in public places, points out the legitimacy of electronic surveillance in public places and the legitimacy of the protection of privacy in public places. The second part is the conflict between the electronic surveillance in public places and privacy, analyzes the subjects and contents, points out the principle of solving between them. The third part is the identify of privacy in electronic surveillance in public places, uses the basic principle of tort law to analysis which behavior constitutes a tort, and which is not an infringement behavior. The fourth part is the civil liability of the infringement in electronic surveillance in public places, outlines which behavior shall bear the civil liability, and which behavior is not liable.The second part and the third part are the key parts of this paper. Throughout this paper, stick to the protection of privacy, and several methods, such as case analyses, semantic analyses, logic analyses are used in this paper. This paper combs the special tort, and finds an appropriate balance between electronic monitoring and people’s civil right.