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On the constitutional protection of the right of privacy in our country

Author: DiNa
Tutor: ZhaoZuo
School: Inner Mongolia University
Course: Constitutional and Administrative Law
Keywords: privacy the right to privacy constitutional protection
CLC: D921
Type: Master's thesis
Year: 2012
Downloads: 162
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Abstract


The published of the famous article "The Right to Privacy" in "Harvard Law Privacy" turns a new leaf of legal research and legislation and judicial practices on the right to privacy. For a century, the legal protection of the right to privacy became a significant problem for many scholars. And then the right to privacy has became or becoming a base civil right widely recognized and protected by the international community and national laws. There are no explicit provisions about the right to privacy and the tort liability in the General Provisions of the Civil Law, but the Constitution clearly stipulates that the personal dignity of citizens is inviolable, Home(s) of citizens are inviolable and Citizens’freedom are protected by law and these are the constitution origins of the protection of the right to privacy or the peace of the citizens private life. For the influence of feudal system over thousands of years, public right of state infringes citizens’privacy with special severity in our country. Therefore, it is of great significance research on the constitutional protection of the right to privacy. In order to better protect the basic civil right of the right to privacy, the constitutional protection should be paid more attention undoubtedly. Only when the right to privacy clearly recognized and protected by the Constitution, can the right be protected by other department laws, procedure laws and other related laws, and then the base civil right could be realized. Meanwhile, the expansion of state authority power has infringed the private domain in modern society, only the constitutional protection can ensure the public right of state be bond and the right to privacy be protected. The protection of the right to privacy can be realized by the binding of the public right of state.The thesis combining the history with reality, theory with practice is followed in the process of research. The thesis discusses the constitutional protection of the right to privacy on the base of introducing and analysis of the mature theories and practices of the western counties on the subject by,concept analysis, adopting the comparative analysis, ositive analysis and normative analysisin the research work and the thesis includes three parts:the introduction, the conclusion and three chapters.Chapter I:The concept and attribute of the right to privacy. This chapter is all around three aspects:First, the right to privacy is a base civil right.Second, the concept and the elements of the right to privacy as a base civil right. The right to privacy is a kind of civil liberties that keeping the private information under self-control and nor illegally used, the private matters be controlled independently and undisturbed, the private activities be decided on his own and the secret not be infringed. Third, constitutional analysis of the right to privacy derives the constitutional meaning of the protection of the right to privacy.Chapter II:The constitutional value of the protection of the right to privacy. In this chapter, the author discussed the necessity of the constitutional protection of the right to privacy in our nation by expositing the necessity and the special value of the constitutional protection of the right to privacy.Chapter III:Thoughts on perfecting the system of our nation’s constitutional protection of the right to privacy. The author analyses the status of our system by researching the constitutional protection systems of other nations. And then, according to the factual conditions of our constitutional protection of the right to privacy and the construction of constitutionalism, the author provides some initial proposals for perfecting our nation’s constitutional protection system.

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