On The Protection Of Privacy Of The Criminal Suspect

Privacy is not only the modern civil law in a concrete personal right, but also hasrisen as a basic right. Protection of suspects’ privacy is more and more for the people ofthe world are important, from a legal point of view is mainly based on the followingreasons: the criminal suspect’s rights in a state of crisis in criminal proceedings. Act in theinvestigation stage, such as inspection, autopsy, evidence, interrogation of a criminalsuspect, search, hacking relates to the suspect’s right to privacy. Although the legislativeprovisions of the protection of the right to privacy, but due to historical, national andideological reasons, the investigation procedure in our country too much emphasis onpunishment of crimes, one-sided pursuit of criminal investigation efficiency, lack ofprotection for the criminal suspect’s right of privacy, a large number of suspects’ privacyinfringement phenomenon appears in practice, need to be perfected as soon as possible.This paper from the angle of the civil right of personality, discussion and Analysis on howto protect and improve the criminal suspects the right of privacy.Analysis and research of the first part is mainly based on the suspects’ privacyprotected. Based on discussing the connotation and essence of the right of privacy,analyzes its concept and content, as well as the necessity in today’s social conditionsshould strengthen the protection of privacy and urgency. Secondly, the definition andanalysis of the special subject of crime suspects, specific for its own identity, defines thescope and content of the right of privacy protection.The second part mainly analyzes the suspect the right of privacy infringement andcaused this phenomenon, according to the criminal procedure and the means of different,mainly from the monitor, search, secret photographing, interrogation program, newsreports, residential surveillance and detention of criminal suspects, analysis of the variousstages of privacy the manifestations and causes of infringement.The third part, first of all from the perspective of comparative law analysis of the EU,America, Germany and France on the suspects’ privacy protection mode, and then analyzes the legal provisions to protect the privacy of the suspect in internationalconventions. USA, England as representative countries typically accompanied by Europeand the United States the process of industrialization, began to pay attention to theprotection of the right of criminal suspects. While Germany and France as the traditionalcivil law countries, has absorbed elements conducive to the protection of the rights ofcriminal suspects in the common law countries of the litigant, the suspects will be a lot ofrights established as a constitutional right, the protection of human rights as they modifythe criminal litigation law of the ultimate goal.The fourth part, the protection of criminal suspects the right of privacy in China, putforward perfect measures. First we introduced in the criminal enforcement measures in theimplementation of the judicial writ system pretrial litigation structure model inthe limit equilibrium, investigation,inspection rights, positive role in protecting the basicrights of citizens in full play, and combined with the actual situation of our country toconstruct suitable for China’s judicial writ system. Secondly, the illegal evidenceexclusion rules of evidence acquired technical investigation measures taken by thecriminal investigation organs on judicial review, so as to limit the power ofinvestigation to protect the suspect’s right to privacy; finally, analysis of China’s currentsystem of national compensation in pursuit of value, system construction, the specificdesign of the system are biased and serious defect, and analyzes the necessity andpossibility of establishing limited judicial review, in accordance with thenecessary, appropriate and right relief principle, reconstruction of China’s criminal systemof compulsory measures, improve the relevant system， perfect the reliefmechanism, realize the suspects’ privacy comprehensive relief.