The Limitation Of Constitutional Privacy

Privacy is the basic need for a person to grow and live.When an individual has the ability to fully control and handle personal privacy,the individual can discover the value and significance of his existence,and then obtain a sense of satisfaction and happiness in life.When citizens realize the importance of privacy,they gradually have the right to privacy.Natural persons can independently control the privacy and privacy of individuals and exclude improper interference,thereby protecting personal rights of personal dignity and interests.With the expansion of public power and the development of society,the right of privacy in civil law can not meet the needs of citizens,and thus has created the right to privacy of the Constitution.It mainly describes three kinds of rights:the right to prevent the government from invading individual families or individual personality;The right to choose;to ensure that individuals have the ability to control the dissemination of information related to themselves.In the three-dimensional guarantee system of the privacy of the constitution,protection is the initial stage of constitutional privacy research.The limitation is the dialectical stage of constitutional privacy research.The limitation of confinement is the return stage of constitutional privacy research.The research ideas of the constitutional privacy right limit include:defining the connotation and scope of protection of the constitutional privacy right;judging whether the constitutional privacy right is restricted;and conducting a constitutional review on public powers restricting the constitutional privacy right.Based on the existing research results,this article once again demonstrates the basic rights position of the constitutional privacy right and accurately locates the important role of privacy right in real life.By analyzing the legal philosophy basis and constitutional basis of the constitutional privacy right limit,this paper analyzes the internal and external restrictions of the constitutional privacy right,expounds the scientificity and legitimacy of the constitutional privacy right limit,examines from the perspective of rights,and initially clarifies the constitutional privacy right.In addition,the right interaction between rights and power is the basic premise for the protection of human rights and the development of the rule of law.Power will have the effect of restricting the rights.Rights will also have the effect of power restrictions.Therefore,there is bound to be power restrictions on the existence of rights,so that the rule of law can be maintained.On the basis of the constitutional privacy restriction,it will inevitably extend the confines of the constitutional privacy restrictions(power restrictions).By analyzing the basic experience of the relevant countries on the constitutional privacy restrictions,we can better use and limit the limitations of foreign basic rights restrictions.The theory,through the analysis of typical cases,uses the judgment method of weighing the structure to deepen the case of real privacy,and gradually strengthens the review of the privacy restrictions of the constitution in the specific case of privacy protection,and promotes the consummation of the constitutional privacy restriction theory.Systematic Construction and Guarantee of Realizing Constitutional Privacy.