Research On The Protection Of Privacy In Public Places

As the basic attribute of the traditional personality right in our country,privacy mainly describes that the subject of the right is in a relatively closed private space and does not allow other subjects to intervene and have an impact.The right of privacy,which is often mentioned at present,is the concept of civil law in China.The protection of the right of privacy in China is actually aimed at the protection of personal dignity.The inviolability of the right of privacy also has the core content of inviolability of personal dignity.With the continuous development of society,the protection of personal privacy has been gradually valued by the public and the state.With the continuous development of society,the increase of personal privacy behavior in public places makes the infringement of personal privacy frequent.However,at present,China's direct provisions on the right to privacy,whether in the judicial field or in the field of public law,are relatively few,and lack of relatively clear provisions.So it seems that the attention of privacy right in public places is not high in our country at present,and the protection of privacy right in public places is in a certain lack state in the aspects of legislation,judicature and law enforcement.But in the traditional understanding of the concept,the openness of public places and the privacy of the right to privacy have certain opposites in public places.But in the actual life of public places,most of the public places will also have some embarrassing things about personal privacy.These embarrassing things are recorded by some illegal elements through some means and cause widespread spread,which causes a great burden on the parties.From this point of view,how to reasonably enjoy the right of personal privacy in public places,and how to protect the sacredness and inviolability of the right of privacy in public places has become one of the important issues in legislation,justice and law enforcement in China.This paper studies the content and scope of the right of public privacy from three aspects of legislation,justice and law enforcement,and points out the current situation and related issues of the protection of the right of privacy in public places in China.The main problems in the legislation of the right of privacy in public places in China include the lag of the protection of the right of privacy by law and the lack of legislation of the protection of the right of privacy for individuals in public places;the judicial difficulties include the vague recognition of the scope of "public places" and the unclear standards of the protection of the right of privacy in public places;the difficulties in the law enforcement include the lack of protection of the right of privacy by law enforcement teams and the construction of electronic monitoring police The standards are not uniform.Then this paper analyzes the legislative measures of privacy in public places in foreign countries,mainlyincluding the provisions of the United States,Germany and the European Convention on human rights,and summarizes the Enlightenment of the protection of privacy in public places in foreign countries to our country.Finally,combined with the current special situation of our country,this paper puts forward some suggestions for the protection of privacy in public places,mainly including in the aspects of legislative protection:improving the civil liability,administrative liability and criminal liability for infringement of privacy in public places;in the aspect of judicial protection: the application of privacy in public places needs to be clear about the scope of application,and the personal interest needs to be grasped in judicial judgment In the aspect of law enforcement protection,we should establish professional law enforcement team and standardize the construction mode of electronic monitoring police.The purpose of this paper is to provide the relevant perfect ideas for the protection of privacy in public places in China,so as to make up for the deficiencies in the protection of privacy in public places in China,and to provide some relevant suggestions and specific measures for the protection of privacy in the future.