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The Protection Of Privacy In Criminal Search

Posted on:2014-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:M X XuFull Text:PDF
GTID:2296330425479259Subject:Constitutional law and administrative law
Abstract/Summary:PDF Full Text Request
Privacy, a long originated word which has been endowed with new connotations throughmodern times, becomes an concept constantly stressed and called on by individualsadvocating independent and free life in the contemporary era that economy and culture hasbeen highly developed. And the right of privacy emerges as the times require, and quicklybecame “the first right of human rights”.At the same time the criminal prosecution’s goal of value has changed from the simplyfighting against crime and achieving justice to fighting against crime together with protectinghuman rights. And as an extremely important link of criminal prosecution, criminal search hasto complete the task of collecting evidences which is the first and the most important work infighting against crime. However, the highly payed attention to tracing crime easily leads toneglecting of rights protecting of persons who are in a criminal search, and it’s worth worringabout.In such a background, the protection of privacy in criminal search is urgently in need ofattention. Criminal search need to comply with the change of the criminal prosecution’s goalof value, improve relevant regulations, to ensure that the power of criminal search shouldwork under the limits prescribed by law, so as to strengthen the protection of privacy incriminal search.This paper is divided into four sections. The first part is the concept of the criminalsearch and the right of privacy, which introduces what criminal search is and what right ofprivacy is. The second part is the relation between criminal search and protection of right ofprivacy, mainly discuss how the power of criminal search works, what associations andconflicts it has with privacy protection, and why the right of privacy should be restricted orprotected in criminal search. The third part is the area of privacy protection in criminal search,mainly analyzes which aspects of privacy and whose privacy the criminal search may bringharm to, and the standard of which circumstances the right of privacy should be protected in.The fourth part is the procedural control of privacy protection in criminal search, in which wewill discuss how to strengthen the protection of privacy in criminal search further.
Keywords/Search Tags:Criminal Search, Right of Privacy, Restriction, Protection
PDF Full Text Request
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