Setting Up Crime Of Infringing Upon Citizens’ Privacy

With the development of science technology and modern media, they not only makepeople’s life convenience, but also make the desire of peeping other’s privacy expand. Inrecent years, many happen like the Pornographic case, they violet personal privacy, bring outadverse effects and impact public’s sense of morality. The means and purposes of violatingprivacy are diverse. When the right of privacy is violated, the law should protect the right.China’s criminal law about protecting privacy is dispersed provisions, such as illegal intrusioninto citizens’ residential sin. But these provisions cannot solve the rapidly changing situation.The scope of privacy is expanding, so it is necessary to increase new general provision toprotect the privacy.The first part talks the content of privacy and the features, drawing privacy’s concept.Privacy is one has the discretion of the tranquility of space, the confidentiality of personalinformation, personal affairs of autonomy etc.The second part classifies the behaviors of violating privacy and the hazardous. It dividesthe behaviors into omission and conducts. Besides, it elaborates acts of infringing citizens’privacy is not respect for human rights. When the privacy is infringed, the spirit of interests isdifficult to recover. Lastly, invasion of privacy can cause other legal interests impaired andpeople’s distrust, which is not good for the stability and development of society.The third part talks current situation and deficiency of law, especially criminal law. Thecriminal law’s protection is scattered and indirect. The criminal law does not clearly state theconcept of the right to privacy. The defects also are the narrow of object protected, relatedbehaviors back of crime, lack of the provisions of the crimes by units and single of the legalpunishment.The forth part is the focus of the article, which is the creation of setting up the crime ofinfringing citizens’ privacy. Firstly, it specifically addresses criminal protection’s boundary,including incriminate standards which are “reasonable expectation standard” and “seriousdamage”. And it elaborates the situations of not being infringe privacy which includes thepublic interest, the plaintiff agreed and his own risk. Secondly, it explains the legislationmodes of criminal law protection including direct protection and indirect protection, and thearticle reaches the conclusion that is our country should select the direct mode of the general terms and the reasons. Finally, the part analyses the constituent elements, the configuration ofpunishment and the comparison with other accusations.