论我国隐私权刑法保护-刑事诉讼法专业论文.docxVIP

The first part mainly discusses the meaning of privacy. Through the research to the development of the right to privacy, we can summarize that the right to privacy is an open concept of development. Its contents are from the negative to the negative and positive co-existence and are emphasis from weak to strong. At the same time, it has experienced an evolution from private law protection, general protection to the evolution of special protection. The second part provides a reasonable basis for the criminal law of the protection of privacy. Firstly, this part proves the theoretical foundation in which protection of privacy can be included in the scope of criminal law. Secondly, starting from much-needed reality of judicial practice, this part raises the veil of theory of hunger and thirst and discusses deeply legitimacy of Criminal Law Protection of Privacy. The third part examines other countries and regions in the world`s criminal law on privacy protection status. Comparative analysising the status of the United States, Germany, Japan and other countries` Criminal Law Protection. This part analysises and summarized their different Protected Modes . The fourth part reviews the history of the privacy in china and makes a remark of the current status of criminal law protection. Starting from ancient times, through the different stages of the legislative analysis, this part obtains the absence of the privacy protection legislation in our country, the existing moral rights protection under civil law, criminal law protection of privacy and other findings call for the urgent reality. The fifth part gives us the ways to perfect the criminal law protection of privacy. Learning from the advanced experience of foreign countries and the objective reality of the criminal protection of privacy in China, the writer gives us some specific advises to perfect the criminal law from the view of macroscopic and microcosmic. Key words: Privacy Personality rights The right of Privacy