Dissertation > Excellent graduate degree dissertation topics show

On Criminal Protection About the Right To Privacy in China

Author: ZhangWeiYing
Tutor: LeiTang
School: Hebei Normal
Course: Criminal Law
Keywords: Privacy Personality rights Privacy Criminal Law Protection
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 251
Quote: 1
Read: Download Dissertation

Abstract

In today's society, people constantly upgrade the texture of abundant material life at the same time, the pursuit of the spiritual needs of the growing strongly, privacy concern is one example. However, in our country, the theoretical and legislative status of people is not without regret: the concept of \This makes: This only survive as an independent civil rights of privacy, public authority and other civil rights caught them, stumbling up to today, to bring quite a lot of inconvenience to the protection of privacy. At present, China's existing legislation to protect citizens' privacy will be protected on the civil law of the right of personality, but the reality of judicial practice, a large number of serious violations of privacy, private law is powerless, and criminal law as a final defense, suffer no express provision equally helpless. These facts fully: citizens' right to privacy is need the protection of criminal law, our theoretical research should go at the top of the practice, supportive, guiding role. Theoretical research on Privacy' dissertation">Privacy Protection of Criminal Law in China is still in its infancy, there are a lot of issues that need and analyzed. This is the thesis writing motivation. This paper first defines the basic meaning of the Privacy Privacy is a young concept, the relatively brief history of its development, but the rapid development of its negative and positive from negative to co-exist, the degree of attention from weak to strong. The same time, it has gone through the evolution of a protection from private to public law protection, general protection to special protection. Privacy is the basic human rights of a newborn is consistent with the nature of the value of the basic values ??of human rights and law, criminal law protection of privacy is the value of people choose dictates. At the same time, the characteristics of the function of criminal law also determines the serious privacy violations included in the scope of the criminal law protection. In China, the theory of criminal law protection of privacy is still in a state of hunger, a large number of cases of invasion of privacy practice makes imminent criminal law protection of privacy. Given this situation, we looked to other countries, to examine different countries or regions of the extra-territorial criminal law protection against privacy practices, explore a wide range of paradigm for their own mode, combined with local conditions, from the macro and micro are two key aspects to improve our criminal legislation to curb domestic situation of this type of crime, the benefit of the people, and harmonious society. In this paper, the text is divided into five parts: The first part focuses on the meaning of privacy, to inspect through the development of the right to privacy, that privacy is an open, concept of development, and its contents from the negative to the negative and positive co-exist, the degree of attention from weak to strong. The same time, it has gone through the evolution of a protection from private to public law protection, general protection to special protection. The second part of the legitimacy of the criminal law protection of privacy. The part of the first analysis of privacy has been able to included in the scope of the criminal law protection is an inherent requirement of the basic human rights, the proper meaning of the function of criminal law. Secondly, the judicial practice much-needed reality from the start, opened the veil of theory hungry, depth Privacy legitimacy of the criminal law protection. The third part examines the conditions for the preservation of the world's major countries and regions privacy Criminal Law. The part of the comparative analysis of the criminal law of the United States, Germany, Japan and other countries to protect the status quo, grouped together in different protected mode, and derive some inspiration. The fourth part review our Privacy historical, critical analysis of the status of Privacy Protection of Criminal Law in China. This section is from the Ancient Criminal legislation of the different stages of analysis, come to our Privacy legislation overall absence of existing civil law protection of personality rights, reality calls for urgent conclusion of Privacy Protection of Criminal Law. Section V presents how to improve our Privacy criminal legislation. Learn from the successful experience of foreign countries, with the objective reality of our Privacy criminal law protection, macro and micro levels of specific recommendations to improve our criminal legislation.

On Criminal Protection About the Right To Privacy in China

Abstract

Related Dissertations