论刑事诉讼中被追诉人的隐私权保护-诉讼法学专业论文.docxVIP

II II 我国刑事诉讼中被追诉人隐私权保护制度的指导思想是，应坚持在惩罚犯 罪和保障人权之间寻求尽可能的平衡，既要从保护国家利益和社会公共利益的 角度出发，注意有利于侦查、审判案件的便利，以应对犯罪形势日益复杂化、 多样化的需要，达到维护社会稳定和治安秩序的目的，又要注意保障公民基本 权利，以符合现代民主法治社会的基本准则，从而做到保障国家权力的行使、 保证诉讼效率与保障人权的统一。我国刑事诉讼中犯罪嫌疑人和被告人的隐私 权保护可以从以下几方面着手：增强公众隐私权保护的意识、完善立法、建立 司法审查制度、建立非法证据排除规则、建立程序性违法制裁制度及建立权利 救济制度。 关键词：刑事诉讼； 被追诉人； 隐私权 PAGE PAGE IV Abstract There are many debates since advance the right to privacy. Scholars in various countries have put forward their views. On this basis, debate has been continue. Concerning for privacy starts so late, there are many issues in Legal theory and judicial practice. Privacy means natural enjoys the right which is nothing to do with the public interest secret and private life private, and have the right to dominate the field of private. The privacy in criminal, it′s degree of restriction is related by criminal nature and the circumstances of the crime. The privacy in criminal has its particularities .The main involved criminal participants ,but there are some others who is called criminal law enforcement people, judicial officers and support staff. That is because they on behalf of the state, exclude the protect of the privacy. The object in the privacy in criminal include human body and clothes, private sphere, private information, private activities and conversations. Investigation refers to investigation authorities in criminal in order to identify crime,suspects arrested，carried out in accordance with the law special investigation and take the coercive measures. Detection measures include interrogation, search and seizure、monitoring, enforcement sampling. In the investigation process, the use of various measures may infract the privacy of the suspects. Other countries in the world made different provisions to protect the privacy of the suspects in criminal .There are many issues in our criminal ,such as weak sense of civil rights, unform the values of protect the privacy ,restrictions and monitoring of protect the privacy dot not form ,