The Constitutional Value And System Construction Of Privacy In The Internet Era

The right to privacy has already been an internationally recognized basic human right.However,in China,there is a lack of deep understanding and research on the public law attributes of privacy.From the view of constitutional right to privacy,this article focuses on the constitutional text and tries to construct the basis of the constitutional norms of our country's privacy right from the perspective of constitutional dogmatics.On the basis of this,it analyzes the social hotspot events of "information disclosure on sexual assault of minors" to conduct a constitutional review.This article is divided into five parts.The first part is about the background of topic selection and the research summary.This part summarizes the importance of research on privacy right combined with Internet background.On the basis of this,it summarizes the existing research results on constitution right to privacy,and draws the following conclusions:the current academic research on constitution right to privacy is still in its infancy,Lack of in-depth analysis and constitutional normative perspective.The second part discusses the establishment of constitutional right to privacy.First of all,this article introduces and analyzes the establishment and development of constitutional right to privacy of representative countries overseas such as the United States,Germany and South Korea.From the perspective of comparative law,it observes the establishment of constitutional right to privacy and draws on its beneficial experience.Then it evaluates the current argument situation of the establishment of constitutional right to privacy in our country and summarizes the current main arguments as three ways:resorting to theory,resorting to constitutional law,resorting to value and points out that the biggest problem with these arguments is that they are not based on constitutional norms.Finally,from the perspective of the changes of constitution,the public law attribute of privacy right and the value of constitution,this article demonstrates the necessity of establishing the constitutional right to privacy in our country.The third part,Combined with the background of the Internet era,the third part attempts to discuss the constitutional value of privacy in the Internet age,that is,the necessity of constructing the system of privacy right in the current constitution.It is considered that the right of privacy in the network era has become an important constitutional value.The need to respond to the reality,the public law attribute of the right to privacy and the protection of other constitutional values make it necessary to construct the system of constitutional privacy.On the basis of the existing research,from the perspective of constitutional dogmatics,the constitutional basis of the right to privacy in China is demonstrated around the current constitutional texts in the fourth part.First of all,the author gives a positive reply to whether the right to privacy is protected by the Constitution as a non-listed right,and points out that the constitutional basis of the right to privacy may be interpreted as follows:It is possible to take the personal freedom clause,the personal dignity clause,the residence security clause and the communication freedom clause as the basic right norm foundation respectively.Combined with the radiation effect of human rights provisions,it makes a broad explanation for the basic rights provisions and the constitutional basis of the right to privacy is constructed.Under the radiation of human rights provisions,the right to privacy falls into the scope of protection of articles 37 and 38,while playing a specific role in the auxiliary protection of the right to personal liberty.Then,with the value of human dignity as the value basis,there is room for the expansion of the meaning of privacy in development.Based on the constitution foundation of the right to privacy,last part of this paper reviews the constitutionality of the information disclosure system of the offenders who commit sexual assault on minors in Huaiyin District,and draws the following conclusions:In the formal elements,the system of information disclosure violates the principle of legal reservation;In the substantive elements,the system accords with the principles of purpose legitimacy,appropriateness and chivalrous proportion,but violates the necessary principle.On the basis of the conclusion,it is necessary to establish the information disclosure system,but it should be established by law.At the same time,the specific design of the system should be able to achieve the same effect to minimize the restrictions on the right to privacy.To sum up,based on the research results of constitutional right to privacy in China,this article attempts to construct constitutional normative foundation of privacy right in our country from the perspective of constitutional dogmatics,and analyzes and uses it combined with individual cases.The purpose of this article is to improve the current theory of constitutional right to privacy in our country to help respond to social issues,I hope this analysis and research can promote the normative research and development of constitutional right to privacy.