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On The Protection Of Citizens' Right To Privacy In The Investigation Procedure

Posted on:2020-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:M HouFull Text:PDF
GTID:2436330572486981Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Citizens 'right to privacy is a basic right recognized and guaranteed by the Constitution.The criminal procedure law known as the "small constitution" should attach importance to the protection of citizens' right to privacy.In the investigation procedure,the infringement of the citizen's privacy is more prominent than other criminal procedures.Therefore,it has become a general consensus of domestic and foreign legal circles to strengthen the citizen's privacy protection in the investigation procedure.The protection of citizens 'privacy rights should follow the principles of legal reservation,proportionality and clarity;In the safeguard mechanism,it adopts ex ante substantive review,procedural safeguard mechanism,and ex post relief mechanism.Based on the current situation of protecting citizens 'right to privacy in China's investigation procedures,it is not enough to analyze the situation and draw on the successful experience of overseas countries.By further refining the legislation,improving the safeguards mechanism,and clarifying the protection of citizens' right to privacy in investigation activities and improving the quality and professional conduct of investigators.It improves the privacy protection of citizens in the investigation procedure and promotes the modern rule of law process of criminal procedure in China.
Keywords/Search Tags:Constitutional fundamental rights, investigation procedures, citizen privacy protection
PDF Full Text Request
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