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Research On The Criminal Protection System Of The Right Of Privacy

Posted on:2019-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiuFull Text:PDF
GTID:2416330590978420Subject:Law
Abstract/Summary:PDF Full Text Request
Sincethe concept of privacy right was first put forward,Theopinion of thatthe rightofprivacy should be protected is gradually accepted by the general public and the authority of enforcement.The United States,Britain,Germany and other common law countries and civil law countries have begun their own exploration of the rightof privacy,opening the legal protection of the right of privacy.With the advent of the era of big data,the collection of citizens' privacy has become more convenient,and the personal information of citizens is more integrated by computer system with the help of computer.With the popularity of Internet,the information gathered is more convenient to disseminate.The data contained in many items that are not known to others are contained in the network and become more accessible.The construction of privacy protection system,especially the criminal protection system of privacy right,needs to be completed and perfected.In the construction of the criminal protection system of the right to privacy,how to choose the right to know and the right to privacy,how to distinguish between the right to privacy of the public and the right to privacy of the ordinary citizen,how to define the scope of the criminal incrimination of the right to privacy,that is,the scope of the right of privacy should be protected in criminal matters and so on.Legislators write the answers to these questions in a legal way.From the definition of the domain and foreign domain of the right to privacy,the criminal protection of the right to privacy is combed and evaluated,and the related crimes involving the right of privacy in the criminal legislation of our country are combed,and from the four elements of criminal offences,the subject,object and principal of the criminal offences of the private rights are analyzed respectively.On the view and objective aspect,we draw the common character of the criminal offense related to the right of privacy in our country at present,and from the object of the crime of the right of privacy related criminal offences,the criminal offense of privacy is classified as a direct privacy crime,that is to say,the right to privacy of citizens directly invades the right of privacy of citizens(at present,the citizen is shown to be a citizen." The crime of freedom of communication,the right of residential tranquility,the right to confidentiality of personal information and so on;and the crime of indirect privacy,that is,the possible consequences of the infringement or the infringement of the right to privacy of citizens for other acts.In the following paper,the legislative decentralization of the criminal legislative evaluation of the right of privacy in our country and the establishment of a special section on the establishment of a special section for the criminal legislation of the right to privacy of our country are laid out in the setting of the relevant legal provisions of the criminal protection of the right to privacy.In the legislation of the criminal protection of privacy in China,there is a lack of agreement on the subject of special responsibility and the decentralization of legislation as the most important and urgent problem to be solved in the criminal legislation of our country's privacy right,which is the most important and urgent solution to be solved by the author.In the second chapter and the third chapter of this article,the author focuses on the two chapters,and the author focuses on the drafting of the paper in the third chapter of this article.The amendment of the criminal law on privacy legislation for the public to correct,in order to contribute to our privacy legislation.
Keywords/Search Tags:Privacy, Personal Information, The Criminal Law, Keycomponent
PDF Full Text Request
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