On The Protection Of The Right To Privacy In Investigation Procedure

Privacy is a unique character of human dignity. The privacy right shall not be infringed isa kind of minimum requirement in civilized societies.As a fundamental right, the right toprivacy has aroused broad attention since American scholars formally proposed theconcept.The rapid development of electronic and internet communication technology offersus immeasurable convenience, while it also induces the possibility of being threat on ourprivacy rights.Meanwhile, the rule of law as a concept has been spread and accepted in ourcountry, which has awaken our citizens’ consciousness of privacy protection. Nowadays, theSociety is in an emergent need for private rights especially the privacy rights and that citizensare anxiously anticipate the laws in the protections of privacy can be strengthened andimproved in a next level.Criminal investigation is an important stage in the criminal procedure and it is theessential means to fight crime, protect national security and maintain social stability.Criminalinvestigation is the objective realization of the national investigative right. Development ofscience and technology has helped improving the society as well as providing criminals socialoutlaw convenience.New type of crime and crime with high—intelligence quality hasemerged in an endless bloom,which has greatly increasing the detectives and police workers’difficulties. Facing the rising number of crimes and more and more intelligent, subtle,complicated adverse situation of crime means, relying solely on traditional methods ofinvestigation has failed to meet the urgent need of verifying crimes in a timely, accurate andthoroughly way. Therefore, more and more technical investigation measures are used into theinvestigative work, such as electronic monitoring, secret—shooting and so on. Thesemeasures not only help the investigating institutions solve criminal cases， but also causesevere infringements to the citizens’ right to privacy.How to improve our procedure of investigation, while fight against crime and secure theright of privacy is the main purpose this paper.This paper has divided into four parts. Firstly,by evaluating the concept of privacy and right to privacy, the article summarizes the basicfeatures of the right to privacy. With the help of the theory upon fundamental requirements ofcrime, the paper will discuss the essential elements that investigative activities which violaterights to privacy in law shall satisfy, and later argue the scope of privacy right in criminal investigation activity. Then it will clarify the dialectical relationship between the procedure ofinvestigation and rights to privacy, and express the necessity of the privacy protection and thelegitimacy of limiting the investigation activity. By following this logic, the paper willanalyze the present situation and the existing problems during our protection of privacy rightsin crime legislation.Finally, the article will analyze foreign investigation procedures’ protection of privacyrights in the present situation and propose the useful suggestions on the basis of protecting theright to privacy in Criminal investigation procedure. The paper tries to find an effectivesolution for the protections of the privacy rights in criminal investigation procedure.