A Probe Into The Legal Problems Of The Protection Of College Students’ Privacy Right

With the continuous development of technology of social modernization and legalization degree deepening, democracy and law,and the idea of human rights deeply rooted. In 2009,Tort Liability Act clearly defines the legal status of the right of privacy, making privacy protection become direct protection from indirect protection, but in the end how to protect privacy, and the remedy for suffering from illegal infraction is still not given specific provisions, lacking of interoperability,and there are a lot of legal gaps. As a special group of citizens--college students, are vulnerable to a privacy invasion. As is seen from the famous privacy infringement case sued by the student of Hunan College of Foreign Studies in 1999 to the latest event, the naked test of Anhui University on September 22, 2014, the privacy infringement of college students has already been developed from indirect infringement of reputational and spiritual damage to a direct privacy infringement, so the law system of privacy protection for college students needs to be perfected.Improving the law system of protecting college students’ rights of privacy should follow the principle of protection according to the law, so the Constitution and the Civil Law should be improved to increase privacy protection to higher-level law, strengthening protection and other branches of law, such as the Education Law and the Teacher Law, should be improved to make feasible protection measures and laws; Also, it should be based on the principle of equal participation, respecting for theequal bodies of right of college students, giving the litigant equal discourse right, preventing infringement act timely; The entity justice needs to be performed on procedure justice, thus, the establishment of clear enforcement mechanisms inside campus, the reform of the current complaints system and appeal institution, and legal aid institutions inside campus are necessary; Increasing the teachers’ awareness of keeping secrets, enhancing the law knowledge training for faculty and protecting the students’ privacy within the scope of the teachers’ functions and powers are essential. The improvement of the remedies can effectively punish privacy violations inside campus, but if the higher education policy fundamentally contradicts college students’ right of privacy, then the remedies outside campus are demanded. Therefore, the author suggested establishing third-party dispute resolution mechanism in the education sector, which has taken into account the characteristics of college students, and is a more efficient way than litigation.