A Study On Chinese Criminal Protection Of Privacy Legislation Improvement

Privacy is a fundamental right of personality. [1]Privacy refers to the right to privacy of natural persons shall enjoy peace, and the private sector without unlawful interference. [2]As network technologies become more developed, the era of big data to protect the privacy of citizens impact is difficult to avoid, but now in our current laws and judicial interpretations and there is no clear concept of the right to privacy, but there is no one on privacy legislation, the law for the protection of privacy too fragmented, but is reflected in the law department of the law, did not form a complete system of legal protection, in addition to our thousands of years of feudal culture and customs inherent tradition, in real life violations of citizens ’privacy violations occur frequently, some events violate citizens’ privacy acts harmful to society has reached a critical level, then the criminal law as a social defense system enhance the bottom line of citizen privacy protection becomes ten urgent. Promoting the rule of law at this stage of the criminal law to improve protection of citizens’ privacy, has a very important theoretical and practical significance. Compared with the other in the criminal law of privacy protection mode has taken countries and regions, China’s current "criminal law" only on residences of citizens are inviolable, against unlawful search, it regulates several aspects of communication freedom, also failed to cover the entire contents of privacy, a complete system of legal protection of privacy is a long way. Therefore, to improve the protection of the criminal law of privacy becomes necessary. The first part of this paper to analyze the concept of privacy and value the opening, analysis, specifically the concept of privacy and ownership, discusses the theoretical value of privacy protection and the practical significance of criminal law; The second part of the chronological summary of China’s criminal law since the founding of privacy protection of the historical process, including the scope of Chinese criminal law of privacy, protected mode, setting penalties and prosecution aspects of methods; The third part of the first representative briefly summarized the extraterritorial Region Criminal Protection of Privacy legislation survey, focusing on protection will be divided into three types, and comparative study of these three types of derived directly type in protected mode is more suitable Our conclusions; The fourth part is based on the second and third part of the analysis of the criminal law protection of privacy, there are still related charges less Accomplished standards are too stringent penalties and criminal prosecution set up than a single way irrational; The fourth part of the fifth part of criminal law to protect the privacy of the problems put forward countermeasures accordingly: additional privacy violations related charges, to determine the constitutive elements of the crime of invasion of privacy, a clear invasion of privacy penalty of sin configured to establish private prosecution Lord’s prosecution system.