On The Perfection Of Legal Protection Of Privacy Of China

The privacy is the right of personality of a natural person in the area of private life. The privacy is as well constitutional law as private law. The privacy is one of the personality rights. Fundamental rights of citizens in the constitutional law should be implemented in the departmental Law. The privacy of the constitutional law is the constitutional basis and the origin of rights in creating the privacy of the private law. Then, there is the privacy of the private law in the level of private law. The separations of private life create the interest demands. Privacy violation could be reality. The privacy should be protected by law. So there is the right of privacy. The right of privacy has justification. In the utilitarian point, the right of privacy has the instrumental value. The justification of the privacy lies in satisfying a need. It has positive effect in the utilitarian point. In the justice point, the right of privacy is not a way of achieving a specific purpose or serving other value. The right of privacy itself is the ultimate value. We can reference and learn the advanced experience throughout the world.The right of privacy of our country has a evolution process from ancient times. China change the economic development from planned economy to market economy. Each country of the world realizes the right of privacy. The value of the right of privacy is recognized by more and more people gradually. The law of the right of privacy protection gets development gradually. As the development of reform and opening, the demand of personal privacy becomes more and more strong. The privacy dispute happens more and more frequently. Court system has a lot of pressure. It is not moral issues in the legislation but technical problem in the judicial practice, which should be solved urgently. Existing laws of our country need be perfected in many areas.Invasion of privacy happens frequently in modern society, especially the personal information and the internet privacy. But the judicial practice of our country lack of directed legal basis, or it gives protection indirectly. The reason is that the existing laws of our country are fragmentation. The judge would meet difficulties in judgment. There is a contradiction between the privacy protection and the lack of law. This paper put forward certain suggestions in perfecting the law of the right of privacy protection.