The Protection Of Victim’s Right To Privacy In Criminal Investigation

In recent years, under the influence of western countries, more andmore Chinese people have been familiar with the concept of right to privacy.As a legal right, the research on the right to privacy has achieved greatsuccess in the civil law field, but the research in the field of criminallitigation is still on the rudimental stage. In fact, compared with theviolation of privacy between citizens, the potential threats of invasionof privacy by state power is more serious. In the criminal procedure,especially in the investigation stage, in order to catch the criminal intime, the investigation organ need to collect a large number of evidence,which will inevitably involve the privacy of the parties concerned. Forthe victim, he or she has already suffered from property damage, physicalinjury or mental damage, if his or her privacy information is collectedor used improperly, it will lead to the “Second Victimization of CriminalVictims”. In terms of the present study, the majority of scholars havenot paid attention to this problem. Study of human rights protection incriminal investigation is still confined to the traditional fields suchas personal right, property right, and the object of human rights protection is still more to the criminal suspect.Considering the above situation, this thesis tries to study theprotection of victim’s right to privacy in criminal investigation. Thethesis consists of the following four chapters:The first chapter mainly expounds the basic theory of the protectionof victim’s right to privacy in criminal investigation. Firstly, thischapter talks about the history of the right to privacy; secondly, itprovides clarifications on the definition of right to privacy whichconstitutes the theoretical foundation for the research; lastly, thechapter talks about the value of the protection of victim’s right toprivacy in criminal investigation.The second chapter is the comparative study of the protection of theright to privacy, so we can draw some lessons from the other countriessuch as the USA, the UK, French, German, Japan and Korean. At the sametime, this chapter also introduces some experience of Hong Kong andTaiwan.The third chapter is the analysis of the current situation of theprotection of victim’s right to privacy in criminal investigation inChina. The first is to find out the lack of legislation about theprotection of victim’s right to privacy by combing the relative laws;the second is to analysis some parts of the criminal investigation whichis the most likely to infringe the victim’s right to privacy, includinginterrogating the victim, physical examination and the informationdisclosure in criminal investigation.The fourth chapter tries to find out the solution to the problem whichis also the conclusion of this thesis. The first is to perfect relevantlegislation; the second is to establish disclosure system of informationin criminal investigation; the third is to strengthen the defensecapabilities of the victim in criminal investigation; the fourth is to improve the investigators’ ability of law enforcement.