|
The idea of privacy was first brought forward by a US scholar in 1890. Since then, privacy, as a spiritual right, has attracted widely attention and deeply research with the development of modern technology over the past century. As privacy is adopted by constitution, it has, particularly, been expanded in a wide variety of specific law spheres, with which a multi-dimension system for the protection of privacy has been set up.As a key link in the process of criminal lawsuit, investigation mainly depends on retrospectal proving and instant monitoring in uncovering a crime, which will definitely be in an intensive conflict with citizen’s privacy. Such a conflict is drastically acute in information age. In researching the safeguard of human rights in investigation in countries ruled by law, we may find that all these counties have experienced a long-term, gradual process from protection of body right focused on opposing torture to protection of privacy, thus the level of protection of human rights has been raised to a new height. Fairly speaking, the extent of privacy protection in investigation acts as a key index in testing the endeavor of a country in protecting human rights.Naturally, investigation will require of restricting and reducing citizen’s privacy while citizen’s ceaseless self-awareness absolutely give rise to strong requirement for privacy protection. Law, inevitably, is asked to coordinate this intensive conflict. The best way to handle it, of course, is keeping balance between them, in other words, imposing restriction upon restrictive measures when you utilize them. This is a major part of privacy protection in investigation. This article, through the perspective of researching the relationship between investigation and privacy, analyzes the restrictions imposed upon investigation power by individual privacy and its role in investigation. It takes the four investigative measure, namely, searching, detaining, coerced sampling and monitoring, for examples and makes a research on overseas privacy protection in investigation. On this basis, it points s way for privacy protection in investigation in our country and suggests that it is a indispensable trend that our country will shift from focusing on the traditional protection of body right protection to privacy protection.This article consists of five parts. Part One, Summary of Investigation Procedure, mainly discourses the nature of investigation power and the classification of investigative acts. Part Two, Summary of Privacy, makes a glimpse of how the idea of privacy came into shape and its future development. Part Three, the Relationship between Investigation and Privacy, discusses the conflict and balance between them. Part Four, Researching on Overseas Privacy Protection in Investigative Acts. Part Five suggests a way and a vision to realize privacy protection in investigation in our country
|