The Protection Of The Privacy Right Of Juveniles In China's Criminal Justice Activities

A minor exists as a natural person,although they are not capable or in a state of limited capacity,but their legal capacity is intact,they enjoy all the rights of personality,including complete privacy.But in reality,because of the particularity of minor subject,the privacy of minors is always violated.Not only to protect the privacy of minors in daily life,but also in criminal proceedings.In recent years,as the number of cases that violate the privacy right of minors increases,and the judicial research on the protection of minors in China is deepening,the protection of privacy of minors in criminal judicial activities has attracted extensive attention.It is particularly important to reflect on the existing privacy protection system of minors involved in the case and strengthen the system for protecting the privacy of minors involved in crimes.This research can be divided into five parts,which uses the methods of literature analysis,comparative analysis,theoretical analysis and other research methods.This paper first defines the meaning of privacy right of minors,elucidate the concept of juvenile privacy in criminal justice activities and the significance of protecting the privacy right of minors involved in the case.Secondly,it takes the current situation of juvenile privacy protection in criminal justice activities as the research perspective,analyzes the inadequacy of privacy protection for the minors involved in the case in investigation,prosecution,trial and criminal record sealing and other judicial activities.For example,the juvenile privacy right legislation is not perfect,criminal record inquiry mechanism is confused,the system of closed trial and open sentencing have defects,news report conflicts with the protection of minors' privacy right and the system of criminal record sealing is deficient.Then it examines the provisions on the protection of privacy right of minors involved in the case in international treaty,America,Britain and Germany.On the basis of evaluating and analyzing the minor privacy protection system in the extra-territorial criminal judicial activities,it points out the reference significance of overseas system for our country.In the end,some thoughts and opinions are put forward on the main problems of privacy protection of minors involved in the case in China.For example,it is very necessary to establish a complete privacy legislation system and record query mechanism,balance the public's right toknow and the privacy right of juvenile offenders,improve the system of closed trials,public sentencing and sealing up criminal records,and hope to deepen people's understanding of protection of the privacy of minors in criminal justice activities,and promote the protection of rights and interests of minors.