Research On Privacy Protection In Criminal Proceedings In China

Right of privacy refers to the right that legally protected privacy shall not be interfered,collected,made use of and disclosed by others or the government,as well as decide private affairs independently,including the right to control personal information,the right to live life without interference,and the right to make a decision on private affairs on my own.The right of privacy is protected as a personal right in the field of private law.The public law protection mode of privacy center on constitutional protection.while other public law departments such as administrative law,criminal law,criminal procedure law and so on protect privacy from different angles to prevent privacy from violations of state power.The acknowledgement and protection of privacy by the law does not mean that the right of privacy is not subject to any restrictions,but a reasonable balance should be established between the protection and limitation.At present,there are many problems in the protection of privacy in criminal proceedings in China.The Constitution does not stipulate the right of privacy as the basic right of citizens.The provisions refer to privacy in the Criminal Procedure Law are vague and short of judicial review system,as well as right relieving system.So far,The specific restrictions refer to big data investigations and counter-terrorism has never been regulated by criminal procedure law.In order to improve the protection system of privacy in criminal procedure,we should take the protection of privacy as the starting point of establishing procedural norms,introduce Expectation Standard of Reasonable Privacy and adhere to the Principle of Warrant,clarify the boundaries of privacy protection by proportionality principle and build a post-reliance system for privacy protection.