Conflict And Balance Of Criminal Search And Privacy Protection

With the rapid widen of the state power, Citizens’privacy is frequently intrusived by the state power. As a basic constitutional rights of citizens, privacy is a value judgment by which citizens pursuit freedom and stability. As one of the investigative techniques, criminal search is a necessary measure for State to trace crime and ensure social security and stability. Therefore, there are values and realistic conflicts between privacy and criminal search. It become a problem must be solved that how to balance the criminal pursuing investigation activities and the civil privacy. By analyzing the connotation and extension of the right of privacy, we have found a broad connotation of privacy which includes not only personal privacy, property privacy, residential privacy, but also a variety of new kinds of information privacy. In the information age, we are constantly developing investigative techniques, such as the advent of the Internet search tool, even secret investigative techniques were also among the provisions in the Code of Criminal Procedure. On information age, innovative search tools and the expanding scope make this problem more complex. Therefore, we need to attach importance to the value of the two sides. Security, justice, efficiency, free, fair are all the fundamental values that we need to focus on. In the philosophical perspective, these values are two aspects of contradiction. They are not only opposites but also unified, and they can be converted to each other under certain conditions. The Criminal Procedure Law is a combination of a variety of values. Privacy rights and criminal search can be balanced by value measurement and the designed system. These can achieve purposes which can protect privacy maximum and achieve legislative purpose of criminal search. To achieve this purpose, we need to clear some major principles. One is the principle of Balance the Interests and the principle proportionality under the principle. This principle can protect the interests of both sides. Program legal principle, writ system principles laid a good foundation for the criminal search. Balancing process is the design process between the interests of privacy rights and criminal search. Search and warrantless search are the interior balanced methods, external balance methods include the exclusion of illegal evidence, illegal search disciplinary and national compensation. They guarantee criminal search Carried out smoothly, and provide maximum protection for privacy, and ultimately to achieve a balance between privacy protection and the criminal search.