The Constitutional Protection Of Citizens' Network Privacy In China

As a basic right of citizens,privacy right is in the initial stage of protection in China,and is mainly protected in the field of civil and commercial affairs.The Constitution also protects the privacy right based on certain terms of personal dignity protection.However,with the development of network information technology,privacy right has not only been confined to the traditional field,but has begun to develop into the Internet field and gradually developed into the Internet privacy right.Therefore,Internet privacy right has some connotations of the traditional privacy right,but also has its own Features.Therefore,it is necessary to individually protect the Internet privacy right according to its characteristics.In addition,the government has also kept pace with the times in the development of network technology,using the Internet to carry out government monitoring and access to citizen privacy,and improper exercise of right by the government's public powers may infringe on the privacy of citizens' networks,so in order to combat these government's public powers need to protect the citizens' Internet privacy right from the perspective of constitution.At the same time,strengthening the constitutional protection of online privacy right not only satisfies the high human right protection requirements of human dignity,but also can counter Internet privacy right infringement from public power and can also establish a more systematic Internet privacy right protection legal system approach to constitutional guidelines.This paper contains four parts.The first part introduces the development of privacy right and Internet privacy right,explores the origin and development history of privacy and privacy right,and the related concept connotation of the evolving Internet privacy right,It also introduced the many differences between Internet privacy and traditional privacy.It also explains the concept and characteristics of Internet privacy from the perspective of constitution,Finally,it initially analyzed the basis of the legal value and social reality of the protection of Internet privacy right in China.The second part introduces the current invaders of the Internet privacy right in China and focuses on the analysis of the infringement methods of the government's public power.As well as the status quo and existing issues of the constitutional and related laws regarding the Internet privacy right,It also analyzes the necessity of constitutional protection of Internet privacy right.The third part analyzes and draws on the constitutional direct protection model of the United States and the constitutional indirect protection model of Germany.On this basis,combining with the actual situation in China,we propose that China should learn from Germany.On the basis of the existing constitutional human right provisions,allowing Internet privacy right to access the Constitution through constitutional interpretation of this indirect protection model.The fourth part,through the analysis of the previous chapters,proposes the specific ideas and measures for the protection of Internet privacy right.First of all,we should establish the basic human right status of privacy right in the constitution,and then use the constitutional interpretation to allow Internet privacy right access to the constitutional.Second,in order to make the laws on paper really work,it can be achieved through judicial remedies,that is,constitutional review methods and perfecting the link between ordinary lawsuits and constitutional review.Once again,it is determined that a special legislative system for protecting the Internet privacy right should be established in a decentralized legislative model.In particular,the Internet Security Law,which is the basic law in the field of Internet security,should be perfected.Finally,the government must also strengthen the protection of Internet privacy.Combined with the selfindustrial self-discipline protection method in the market,it will be used as an auxiliary model to achieve full protection of the Internet privacy right.