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The constitutional protection of privacy

Author: XuMin
Tutor: LiuXiangWen
School: Zhengzhou University
Course: Constitutional and Administrative Law
Keywords: Privacy Privacy Constitutional protection
CLC: D921
Type: Master's thesis
Year: 2009
Downloads: 64
Quote: 1
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Abstract


Privacy' dissertation">Privacy is a right protected by law late, especially the right to privacy protected by the constitutional level, not only a direct reflection of the degree of civilization of a country with the rule of law in the country's development, but also a measure of a country's degree of respect for citizens' rights an important indicator. What kinds of personal information belonging to privacy category, privacy how should establish constitutional protection system, which gave us raise new issues, which is why I wrote this article in mind. I believe that our country in the privacy protection, should think long term, from the start to build our constitutionally protected privacy protection system. Paper is divided into four parts, the first from the privacy and the privacy of production and development start by analyzing the history of the past and the right of privacy and the privacy of defining the concept, followed by the developed countries on the constitutional privacy protection system comparison, and then expounded the necessity of constitutional protection of privacy, and finally proposes a comprehensive system of protection of privacy in the Constitution envisioned. By the first part of the historical development of the sort of privacy on the factors affecting its development analysis, and privacy to make defined. With the emergence and development of privacy, privacy gradually been established in different countries and scholars on the definition of the concept of privacy analysis, we consider privacy in nature should be recognized as a separate concrete personality, thus defining The concept of privacy. The second part of the two legal systems in selected representatives of Germany and the United States, the two countries' constitutional privacy protection system for analysis. German constitutional protection of privacy protection in civil concrete personality leap to the Constitutional protection of general personality arise in the course of, and in the German Basic Law general personality under the umbrella of protection has been improved. U.S. Supreme Court abolished the state legislature through the fundamental rights of citizens in violation of the provisions of the terms in the expansion of the right to interpret the Constitution, based on the protection of privacy being incorporated into the Constitution. Finally talked about the situation in Japan. The third part of the legislation through the current situation and the absence of privacy in our analysis of the reasons, to reveal constitutional protection of privacy in our inadequacies, so as to improve our constitutionally protected privacy foundation. The fourth part analyzes the significance of privacy protected by the Constitution, and thus think we should improve our constitutional norms of privacy protection and privacy protection of constitutional remedies, should also improve privacy Constitution relief.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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