2010Unpublished venueRequires access

On the constitutional protection of the right of privacy

Xiaojing Feng

2 citations

Abstract

In the current information society,the link between people has become increasingly closer and in the meanwhile the invasion of the right of privacy has become widespread.However,the protection of the right of privacy only remains in the stage of the department law protection in China's current legal system,and it mainly achieves the aim of the protection of the right of privacy through the way of the civil protection of the right of the personality.Therefore,the right of privacy is still not an independent and explicit right.Although there are hidden provisions on the right of privacy at the constitutional level,but at the present stage there is still not such a precedent to protect the right of privacy by the direct judiciary application of Constitution.Therefore,measures should be taken to realize the constitutional protection of right of privacy: to implement the principles and spirits of Constitution into the department laws;to guarantee the fundamental rights and interests of citizens by Constitution through the application of the department laws;to achieve ultimately the aim of the constitution protectional of the right of privacy.

About this research paper

What this paper is about

In the current information society,the link between people has become increasingly closer and in the meanwhile the invasion of the right of privacy has become widespread.However,the protection of the right of privacy only remains in the stage of the department law protection in China's current legal system,and it mainly achieves the aim of the protection of the right of privacy through the way of the civil protection of the right of the personality.Therefore,the right of privacy is still not an independent and explicit right.Although there are hidden provisions on the right of privacy at the constitutional level,but at the present stage there is still not such a precedent to protect the right of privacy by the direct judiciary application of Constitution.Therefore,measures should be taken to realize the constitutional protection of right of privacy: to implement the principles and spirits of Constitution into the department laws;to guarantee the fundamental rights and interests of citizens by Constitution through the application of the department laws;to achieve ultimately the aim of the constitution protectional of the right of privacy.

Why it matters

OpenAlex reports 2 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

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Method / approach

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Available abstract

In the current information society,the link between people has become increasingly closer and in the meanwhile the invasion of the right of privacy has become widespread.However,the protection of the right of privacy only remains in the stage of the department law protection in China's current legal system,and it mainly achieves the aim of the protection of the right of privacy through the way of the civil protection of the right of the personality.Therefore,the right of privacy is still not an independent and explicit right.Although there are hidden provisions on the right of privacy at the constitutional level,but at the present stage there is still not such a precedent to protect the right of privacy by the direct judiciary application of Constitution.Therefore,measures should be taken to realize the constitutional protection of right of privacy: to implement the principles and spirits of Constitution into the department laws;to guarantee the fundamental rights and interests of citizens by Constitution through the application of the department laws;to achieve ultimately the aim of the constitution protectional of the right of privacy.

Key concepts: Constitution, Right to privacy, The Right to Privacy, Constitutional right, Law, Political science, Information privacy, Privacy policy

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