On The Limitation Of The Protection Of The Criminal Law Of The Right Of Privacy

With the wide application of information technology, some high-tech products have been used as tools to infringe others' privacy by men of low morality. Human beings are enjoying those technological achievements. Meanwhile, their privacy is also gradually exposed in the sun as if they lived in a glass box with 4 transparent walls. In Chinese legislation system, the relevant provisions of privacy right are inclusions of right of reputation, surviving without an independent “ID” card. The study of privacy right among legislation and academia is just at a preliminary stage,and its regulations in judicial field are relatively superficial. The application scope of China's criminal law on privacy protection is still too narrow, confronting with a severe criminalization shortage. Besides, with the impacts of traditional criminal law attaching importance to law benefits violation not the value of the results, Chinese criminal law is difficult to adapt to the preventive effects of the violation of privacy right. A number of scholars in academic field require that criminal law should improve its protection of privacy right and punish the criminal acts of privacy infringement. However, they haven't proposed any perfection measure such as whether privacy protection can be legalized separately. According to the ideas about the expansion protection of criminal law on privacy right in academia, the author in this thesis put forward her own opinion. That is, privacy should be protected by criminal law but not be extended in criminal law. Criminal law can't be used just because there are infringement acts. After all, relevant research about the right of privacy is still at a preliminary stage. There are many issues that are worth further study, which exactly motivates the writing of this thesis.