The Criminal Law Protection Of Privacy Right In China

Privacy right is a personality right one don’t want others to know and interfere. It’s a type of private information、personal action and a domination of private life which have no relationship with social public interest. According to the different subjects, the privacy right is divided into Privacy Right of Public Figure and Privacy Right of ordinary citizen. According to the different content, it’s divided into Shameful Secret Right and Common Privacy Right. According to the different object, it’s divided into Information Privacy Right、Behavior Privacy Right and Spatial Privacy Right.The study on the criminal law protection of privacy right is started earlier abroad thus have deeper researches on privacy right, while in China the legislation and study on privacy right is relatively backward, and in the exploring stage. At present, the criminal law legislation and related jurisprudence is imperfect which brings difficulties to the judicial practice and the protection of the people’s right. Thus, to perfect the criminal law protection of privacy right, we need to enrich the theory and legislation, look for feasible schemes on the design of criminal system and punishment method. The first part mainly summarize privacy right and classification of privacy Righg.the second part mainly summarize privacy right status.the third part mainly posing problems of privacy right that criminal protection.the fourth part mainly analysis the Privacy Protection of Criminal Law and Civil Protection of the ill-defined.the fifth part mainly analysis privacy criminal law protection of the specific operational, including the three parts of the commission of a crime and penal theory and the prosecution mode. Criminalization of the privacy right is not a sudden occurrence nor a fabrication of some people, but something need to be consistent with the essential criminalization theory according to the reality. The legislators should first observe which existence need to be regulated by criminal law and confirm it through criminology and legal sociology method in real life. Based on the special fact which has become a legal fact in the interaction of law and society confirmed previously, the legislators should then judge it according to criminal policies and criminal theory. But in the existed criminal system, some actions which infringed privacy right seriously have not been regulated in the criminal law yet. According to Beccaria, the aim of criminal law is not to torture the subject nor eliminate the crime which has been done. Penalty reflected different pursuits. With the development of society and the values shift of the time, the pursuit of the penalty mainly shifted from retaliation to prevention. Thus the design of the penalty should also shift from retaliation to prevention. The lawsuit model should mainly lead by private prosecution and assisted by public prosecution. It needs a definite scope of lawsuit, the private lawsuit can only turn to public prosecution only when the victims are not able to bring the lawsuits thus request the prosecutor to do so and been consented by the procuratorate.In general, the criminal law should be the last protective umbrella. It can only be applied in the necessary situation. Solely depend on the criminal law to protect the privacy right is far from enough. The privacy can only gain political guarantee when the government put emphasis on the privacy right and make no difference between the state secret and personal secret. We citizens should also have the sense to protect the right.