On Constitutional Protection of privacy right

Abstract: the right of privacy is an important part of personality right, is refers to the individual citizen enjoys to own private life was not spying, surveillance, public, intrusion and interference power. Privacy is a personal right, freedom right of personality right within the range, is a powerful barrier maintaining dignity, should be protected as human rights protection law -- the constitution, how our country constitution status of privacy protection and how to improve, this article makes a discussion on the problem of the constitutional protection of the right of privacy.

Keywords: Privacy Human dignity National public power The constitutional protection

    In the information has become an important resource, citizen privacy invasion is a common phenomenon, national public power infringing upon the citizen right of privacy is It is often seen., for example see yellow disc Yanan couples home case, Shenzhen city "electronic eyes" event. The right of privacy as a natural basic rights of individuals, has been written in a variety of international, regional conventions on human rights and constitutional law in many countries, however, turn over China did not find any clear definition about the right of privacy. At present, in our country, the indirect protection of privacy can only get some department laws, but these protection can not satisfy the people out of the state public power constraints for strong demand personal freedom of life. Therefore, China's urgent need to strengthen the protection of the citizen right of privacy from the constitution, perfect the legal system of right of privacy protection, so as to make people more freedom, more dignity alive.

One, the definition of privacy and right of property

The right of privacy is private life freedom, personal right of self-determination in their private life, is the right of individuals to their private information blockade. It is the personal rights, protection of freedom and peace is the individual pursuit of the spirit of freedom of personality right, the scope of.

(a) the definition of the right to privacy

This concept is recognized as one of the right of privacy to establish a USA scholars began in 1890 Warren and Brandeis published in the Harvard Law Review of "privacy" thesis, since then, this concept is widely used in the world and gradually developed into an important personality right. But the theoretical definition of the right to privacy is not conclusive. Some scholars from the law angle are given as follows: the definition of the right of privacy is a personality right of natural person enjoys independent on their personal and social public interests, personal information, private life and private sector dominates.¹And starting from the law angle scholar said: the right of privacy is the natural person for the private information of the self control, not illegal use, free private affairs independently control, not disturbed and private activities decide, privacy will not be violated.^⑵

The author thinks, privacy is private life freedom, personal right of self-determination in their private life, but it is in the development rights, its content will continue to expand with the development of society, human. However, at the present stage of privacy usually include the following contents:

The right of privacy to conceal. The subject of rights can be blocked on private information, prohibit illegal aware of others. The use of the right to privacy. The subject of the right has the right according to his own will use their own privacy, engaged in various activities not prohibited by law to obtain various benefits. The safeguarding privacy. The subject of rights has the right to violate their privacy subject to stop, demanded an apology, compensation for losses. The privacy right. The subject of rights in accordance with their own will to do or not to do not damage the public interests and the legitimate interests of others activities, without interference, destruction or dominate others.

The object about privacy but that privacy is privacy, Professor Wang Liming think, privacy refers to all unwilling to personal life field is known.^⑶It generally refers to private activities, personal information and personal field has nothing to do with the public interest activities. Private activities including pure private person's daily activities, love and marriage, family life, social communication, is a private activities as the core. The main characteristics of personal privacy is a secret, don't be intrusive. Personal information refers to the basic information can be marked personal characteristics, such as the ID number, mobile phone number, home address, email address, QQ number. Personal domain refers to the private space of human nature, such as body, home etc..

With the development of science and technology and the national public power expansion, people now live in strong highly organized society and government management, the more necessary to retain some of the freedom of the individual life space and privacy, which embodies the personal independence aspirations, reflected the people's desire for self life of freedom.

(two) the right to property right of privacy

The definition of privacy rights, contribute to the more accurate the privacy of its unique, is conducive to the protection of privacy in the constitution. In view of this, the author of the right of privacy right attributes make the following definition:

First of all, the right of privacy is a personal right that is the subject of rights can only be a natural person. Whether it is personal privacy, such as the hidden parts of the body, or involving social privacy, has such as extramarital love, is the only personal subjective will then, without the majority of people, public or not specific minority assistance or coordination. The nature and secret privacy to tell us, as long as the main object of privacy to conceal, can become a privacy violation of law or fact, even if the public order and good customs, privacy can still be produced and continue to exist. But, whether public, appropriate public privacy content also have the parties themselves disposal.^⑷

The so-called personal literally, is only to themselves and others. In fact, only their absolute design without the privacy of others is very rare, social determines the individual's private life in most cases involve others. So, the right of privacy is the personal rights, not to others but to the individual as the core rights, is a personal right to own private activities, personal information and personal choice, discretionary and others have a right to interfere the personal rights.

Secondly, the right of privacy is the spiritual right. The rights of the spirit is relative to the material rights of. In the countries of continental law, privacy was a prerequisite for legal protection of the court first recognized the mental damage compensation can be obtained, and the right of privacy is the personal attributes the rights of the spirit is inseparable. From the point of view of the ultimate view of human dignity, protection of privacy is that people's peace of mind is not violated, to ensure that people decide to private affairs and control of free. Of course, privacy exists in all kinds of material carrier, the relationship between protection of the privacy material carrier and protection of property rights for the use of personal data closely, this kind of privacy information and exchange can bring in huge profits, but they still can't change the attributes of the right to privacy of spiritual rights. Because in most of the time, the physical existence of personal property is not damaged, the damage is the human spirit and human dignity. So the privacy interests and human dignity and spirit are inseparable, it is a kind of spiritual right.

Finally, the right of privacy is the right of personality right within the scope of freedom. Personality right of personal rights, is "students bring, death is right away", with its independent personality as the premise, and with independent personality should have the personality benefit as the object. In the history of the development of human society, freedom is always people's unremitting pursuit. Freedom refers to does not exist outside disorder state, free refers to people "can do in the strength and wisdom of transaction, free to do what he want to do".^⑸Emergence of privacy is a personality interests protection for personal independence of personality and decide their own private life. The right of privacy is the modern society of individual freedom and the state power game results, it is facing the bastion of freedom strong public power finally retreated. If a person for his private life and private affairs are no discretion, then the individual is completely submerged in the national public power, all the other free to still have what meaning? The biggest contributor to liberal theory of John Mil, pointed out that in 1859 published "on liberty" works, to give each nature any fair opportunities for development, the main is to allow different people live different lives. All the crushed the personality is tyranny, no matter what his name is, no matter whether he claimed to be God's will or claiming to be people's command.^⑹"Respecting and guaranteeing human rights" is the inevitable requirement of the times, the establishment of a harmonious society should adhere to the "people-oriented", namely the country in many civil management at the same time to retain the necessary personal autonomy. The necessary autonomous space is to avoid being completely controlled or ruled. The British philosopher Rock said: "the purpose of the law is not to abolish or limit the freedom, but to protect and expand freedom. This is because in all can accept the rule of law of the human condition, where there is no law, where there is no freedom"^{He is}The so-called "constitution", not only the means of authorization of state power, and in the "form" meaning "given" to the ruling legitimacy, but also means that the "restriction", human rights by constitution stationery body, become the basic norms of substantive in the constitution, this point has been the modern constitutional National consensus. Therefore, respect every individual's self selection, the right to self-determination, tolerant to multiple life attitude, giving people the necessary personal freedom is the essence of the constitution obligation. This is the right of privacy as a kind of personal autonomy as the core of the freedom of personality right protected by constitution content.

Two, the value of the constitutional protection of the right of privacy Foundation

Personal freedom and personal dignity is the constitutional protection of the right of privacy abstractions involved interest of personality, is the human rights legal value of constitutional protection of the right of privacy to highlight. Dignity is the ultimate value foundation of the constitutional protection of privacy and personal autonomy, is the direct value base of the constitutional protection of privacy.

(a) direct value basis of constitutional protection of the right of privacy is the personal autonomy

In the view of constitutionalism is the unity of natural and social functions. Although mankind itself as the intelligent part of the universe, the earth, but until today there is still no one can really out of the social life alone. Human society determines the individual not confined alone in the self within, but constantly contacts with the outside world for social activities. Therefore said, "people are not for the state and society and the existence, but to society and the state exists for people."^⑻The individual in the state and the social protection and have to transfer part of its rights, which means the existence of the state has certain advantages, the state management of the individual is justified, because this is each individual person under the guidance of the rationality to make a choice. However, after all, is only the part of individual rights, there are some areas not managed by the national management, people want autonomy in these areas. From the relationship between individual and national point of view, the concept of personal autonomy and the rule of behavior is opposite. When the ruling behavior completely submerged personal autonomy, centralization and autocracy brought to people is complete darkness of resign oneself to one's fate; when the autonomy of the individual to dominate conversations, people enjoy is as the master of the political civilization. With the development of science and technology, national public power penetration constantly in the private sector, more and more people to feel life in almost transparent glass space, thus more and more eager to have a "breathing independently" private space. After World War II, respect for and protection of human rights has become the main theme of the times. Set aside without interference, especially the private sector is not affected by the scope of national public power interference and boundaries, to retain the necessary autonomy to individuals, become an inevitable requirement of the development of human. To recognize individual differences, recognition of multiple values of life, without affecting the others, do not affect social welfare within the limits allowed individuals to live fully is the person in the private domain of autonomy.

Then the individual autonomous areas should be? This fact from the bourgeois Enlightenment thinkers and has been a controversial problem. Optimistic about human nature and that people can because of common interests harmony thinkers, such as Rock, believed that social harmony, progress and maintain the state or any kind of a wide range of authority are not entitled to enter the private life is compatible. But Hobbes is pessimistic view of humanity thinkers advocated, in order to prevent mutual destruction, prevent social life become the law of the jungle or a wilderness, must construct more preventive measures, in order to enable people to play their proper role, therefore hope to increase the centralized control areas and reduce personal freedom. Obviously the two party personal autonomy domain definition differ greatly, however, they all agree, some aspects of human existence must remain independent of the national rule. The author thinks, individual should be the autonomy of the individual minimum for personal autonomy. That is to say, do not involve others, social interests of the private affairs of individuals most at least is autonomous areas.

The autonomy of the individual meaning includes not only for private affairs self selection, self decision, and should include personal to give personal information management of self control. This is the expansion of state power and the dependence of the individual countries decide. On the constitutional protection of the right of privacy, the constitutional protection of the right to privacy is against violations of state power and the private sector private affairs management. Now, much human favor regime is democracy and the rule of constitution, democracy without citizen autonomy, democracy will be false. "No matter where, the system always autonomous form people's freedom of spirit and used for public purposes cooperation".^"The author thinks, if the private affairs of individuals for their own autonomous are unavailable, then the country's democracy is only a form on the dummy. Therefore, should take a tolerant attitude towards a variety of private life, personal autonomy in the private domain. On the one hand the private sector, the state public power can only choose and decide on individual autonomy encroach upon other people or social public interests, to intervene in it; on the other hand, for the individual to the State Administration of private business and personal information, countries should ensure individual right and control right at the same time management. These are the personal autonomy that direct value base of the constitutional protection of privacy requirements.

(two) the ultimate value of the constitutional protection of the right to privacy is human dignity

    The right of personality as the ultimate value of constitutional protection of the right of privacy is the result of concrete practice in writing in German basic law dignity content. The dignity of human personality as the value foundation of human rights law, the constitutional protection of privacy, to support human life with dignity. It not only includes the personal life of peace without harassment, including personal life secret without snooping; tort which corresponds to the absolute, including equal civil subjects, including implementation of national public power subject. In judicial precedent, legal protection of privacy can find Germany more is the aspect of civil law, but the dignity of human personality is the theoretical foundation of constitutional right of general personality theory and the basic human rights of its value.

 Human dignity and human dignity, human dignity, in simple terms is the respect for the human person. It is the embodiment of the individual supreme's intrinsic value is the value orientation of the respect, treat each person as a person. Of human dignity and respecting embodies a kind of humanistic spirit. The starting point of the human spirit is the individual value of human respect, confirm the people is the highest value in the universe. Humanism emphasizes: each person's life (and soul) is the one and only, can not be repeated, itself has the irreplaceable value, must be respected. Everyone has the responsibility and right to realize their own personality and life value. Similarly, everyone should see it as such to others. In the relationship between the individual and society, individual is the end rather than the means, a rational social order should be free to contribute to the development of all the people.^{I have}Dignity is not created by the state or legal, it is decided by human nature dignity, so everyone should enjoy priority in national law all right. A country under the rule of law and cannot provide dignity, but can protect human dignity. Countries have to respect and protect human dignity "obligation", so the state should enact laws to ensure that everyone to live with dignity. From the human itself is the highest value of the concept of the human society, all the laws should be based on the practice of human dignity as the goal, as the popularity of the Franco German constitution protection should take it as our responsibility. The core of constitutionalism is to safeguard human rights and public power, is fundamentally a respect and concern of "human". Can say, both macro constitutional construction or specific legislation, and ultimately must be traced back to the "human problems". On the one hand, the development of constitutionalism is the living conditions and quality of life of development, every great revolution of constitutionalism are to be accompanied by a person's situation changes. On the other hand, the theory of human rights has laid the foundation of human constitution, the human rights idea renewal has injected new meaning and vitality for constitutionalism.

After the Second World War, due to the war-torn harm, deeply personal dignity maintenance is not easy, people began to "live" with dignity and work. We say, the law is always a compromise, because it has to take into account the interests of all. In the public appeal, many countries began to "human dignity" into the constitution. Such as the 1945 "the Federal Republic of Germany law" the first chapter the basic rights of first paragraph 1 which stipulates that: "the inviolability of human dignity, respect and protect the dignity as the duty of all state authority." The Japanese Constitution of 1946 thirteenth stipulates: "all citizens to be respected as an individual. For survival, freedom and happiness of the rights of citizens, as long as it does not violate the public welfare, in legislation and other national affairs must be treated with the greatest respect." Wait. Thus, the value of human dignity of the legal sense of the concept began to form. It is the result of the development of individualism, the pursuit of freedom of the individual idea, also demonstrates the pursuit of legal values of social justice and equality. Dignity is the ultimate value of general personality right protection, but also all the concrete personality right protection of the ultimate value, the right of privacy as a specific personality right, personality dignity is protected by the law of the ultimate value basis.

Three, to perfect the constitutional protection of the right of privacy in China

To protect the citizen right of privacy is important to maintain the condition of personal autonomy and dignity, and also the important content of constructing the harmonious society. In the information explosion, the globalization of economy, science and technology is highly developed today, the state public power invaded the privacy of citizens demand has the highest potency of constitutional norms. The constitutional protection of privacy in foreign countries has a relatively mature theory and practice experience, but China's constitution does not explicitly put forward the concept of privacy, but on the whole legal system, lack of privacy constitutional legal documents.

(a)The right of privacy protection of constitutional norms

At present, in our country, the privacy can be hidden protection, constitutional basis as follows: "the constitution" stipulates that the thirty-ninth "citizens of the people's Republic of China, the inviolability of the residence. To illegally search or invade citizens prohibit residential." This provision is considered to be directly recognized important content of privacy right of privacy and the protection of housing. This provides a basis for criminal law and civil law of privacy to the citizen's private life. The provisions of article fortieth, "protection of privacy of citizens of the people's Republic of China and the freedom of communication by law, except for national security or investigating the criminal crime, the communications are examined by the public security organs or the procuratorial organs according to the procedures prescribed by law, any organization or individual shall not be any reason to violation of freedom of communication and communications of citizens the secret." This is an important source of communication privacy. It is worth pointing out, has many similarities of clause two above expression and some important international conventions on human rights, including the right of privacy protection, prohibited and relevant restriction principle. The provisions of the constitution, can the constitution as the right of privacy is the most important provisions of article thirty-eighth, the article points out, "the personal dignity of citizens of the people's Republic of China are not violated. Prohibition of civil insult, slander and false accusation in any way." As mentioned before, the dignity of personality is the value basis of the right of privacy. According to general understanding of Chinese scholars, because from the ten years of the cultural revolution in to the president, down to the ordinary people personality seriously insulting lessons, 1982 "constitution" in the new Chinese constitution for the first time in history to write down the dignity of protection clause, which suggests that, in our system of constitutional fundamental rights, "personality dignity is not affected by the basic constitutional rights violations, is the foundation of constitutional relation".^⑾It is closely related with human dignity and privacy should be covered in the "constitution" article thirty-eighth of the intention of. Therefore, the provisions of the Constitution divides human dignity of the legislation and judicial interpretation to protect the citizen right of privacy space. Unfortunately, the article thirty-eighth of the "human dignity" clause in the domestic legislation and the judicial practice has not been well implemented, thus becoming "display to a great extent".

According to the constitution of broad interpretation, personality right value basis of constitutional protection of the right of privacy is thirty-seventh, 38 and thirty-ninth, 40 clause, clause is to protect the privacy of the specific content of the. Obviously, only provides residential and communication freedom cannot accommodate the privacy protection private life free content requirements, the existing basis of constitutional protection of the right of privacy is very far fetched, should be clear rules to increase protection of privacy in the constitution. According to the Universal Declaration of human rights model for privacy protection setting explicit content, specifically stated as two contents. The first paragraph: "anyone's privacy, family, home or correspondence shall be subjected to arbitrary or unlawful interference." second paragraph: "the state respects and safeguards to privacy from unlawful interference and."^AndIn this way, not only the constitutional protection of the right of privacy is the direct basis, but also can better guide and coordinate departments of law on the protection of privacy.

Perfect form of knowledge significance of privacy constitution on the protection of the constitutional protection, effectively reflect the effectiveness of the basic constitutional rights.

(two) the establishment of direct effect of basic rights in Constitution

    Whether the constitution stipulated content how perfect, if the Constitution did not apply, the basic rights of constitution protection can only exist in name only, this is the biggest disadvantage of our constitution. Therefore, often by some scholars dubbed the "toothless law".^⒀Because our country constitution always rely on law to implement. The basic rights prescribed in the Constitution without the law department of specific provisions, it is the basic display, in China for the basic rights of constitution is the main task of the civil law. However, the civil law can only solve the problem of tort between the subjects with equal status, for the national public power infringing upon the citizen's basic rights does not take effect, so, the public power can not be clearly defined in the constitution of the violations of the fundamental rights can only look forward to specific legislation to solve, this specific legislation due to the restriction of no review mechanism, in real life the basic rights of citizens by law and enforcement power invasion can not directly for constitutional relief, which formed the effect to the constitutional basic rights against the public power play can only rely on the state power conscious behavior of the actual situation, the basic rights of citizens relief become empty talk. In the real situation, the realization of constitutional protection of privacy is facing how to play the basic rights of constitution validity problems.

    Play the core protection of basic constitutional rights and the most effective force must be established with the help of the constitutional review system, the constitutional protection of the right of privacy first need to defense is the legislature for the violation of personal freedom of private life. Secondly, the direct effect that the current constitution basic right, it must be admitted that the basic rights of constitution have private effect, is effective in the protection of civil rights in court. The direct effect on the constitutional basic rights, the Zhou Yongkun's research results show that, since the Second World War, the direct effect of the basic constitutional rights has become a worldwide constitutional convention, China now has basically realized the basic rights of constitution of direct effect of subjective and objective conditions, especially the legal conditions, based on the direct effect of constitutional basic rights with the current constitution and common laws, Professor Zhou on the basis of operating system and puts forward concrete suggestions.

Of course, the direct effect of the basic constitutional rights of the play, the judicial system must be with the help of the Constitution can be realized. Introducing the precedent system in our country is a viable way. If the current basic constitutional right of direct effect, it is bound to enter the field of China constitution litigation. In view of Chinese now there is no constitutional litigation, practice in the stage of exploration, introduction of constitution prejudication system can provide the reference of the precedent, and constitutional precedent system in the western countries played a very big role, for the adaptation is a good mechanism of the change of social development, our country can be introduced. At the same time, the establishment of constitutional litigation system, to maintain the authority and dignity of the constitution, to prevent the occurrence of unconstitutional acts, restricting political power, and to realize the socialist democracy and the rule of law country is significant.

(three) the enactment of relevant legislation and the construction of supporting system

 Should be protected by effective constitutional review and basic rights of private right of privacy as a basic right of the citizen, the protection of the law in the constitutional basic rights under the guidance of the objective value is also important. Due to the influence of traditional culture, Chinese people a strong sense of responsibility, rights awareness. As a basic human right emerging privacy right in our country by law, protection of the weak, the main development in the area of civil law, but it is to restrict the state power in the administrative power to violate the privacy of citizens of little significance, so in the exercise of executive power of the law to protect the privacy of specialized is necessary the constitutional protection of the right of privacy, is the focus of China's law on implementation. Because in my country, the public power is very strong, the administrative power is the right of privacy is most often and most dangerous factors of infringement, and the government in the exercise of administrative powers never respect privacy tradition, so, by right of privacy law protection of privacy of personal information from government control of government power is limited to is a key breakthrough approach, this so choose this breach, because other countries have experience, and the real reason lies in China's e-government development is very rapid, is the most easy to infringe citizen's privacy right field. Our formulation of privacy protection law should all personal information record to standardize the government control, including the paper and electronic data form, establishing the individual for private record collection, use, change, right right of revision, supervision and control, in order to ensure the effectiveness of the protection of personal privacy, should set up a special privacy protection special department of the government, the obligation to protect the privacy of personal information to perform supervision and accept the representations of any personal privacy protection law in most countries have a ready-made example can learn from.

It is worth mentioning that, government protection of personal information privacy is the obligation and government affairs public closely, America personal privacy law is part of the government public administration, and system construction of China's current administrative public is blank, the government is through the parties on specific information to the public and to prevent improper open implementation, for the protection of the privacy of personal information, so, if there is no administrative public system overall, personal information privacy protection is also difficult to implement.

Administrative public system is from a procedural point control the exercise of administrative power has been proved very effective method, we used the public administrative organ for administrative public understanding just administrative behavior, in fact, the administrative organ due to master a lot of citizen privacy information in the administrative action, the administrative behavior in open to the public at the same time personal information, the relative person should also be open to the information relative person of the administrative organ grasp, namely individual citizens and self information right to know and make decisions, the public protection of privacy in the more important today continue to highlight its significance. But our country at present, there is no privacy protection law can not construct the government law of administrative openness. The legal system there is no public administration aspect in China, but China's "government online project" has been launched in 1999, the government of various forms with the transformation of government functions as the core around the public work has already started. At present only the lack of a unified administrative public law. The author thinks, no public administrative legal system is the legal system of our country lags in performance, but can stand on the network information tide of the combination of information technology and one of the improvement of our administrative openness system is also a great blessing. A pressing matter of the moment, at present our country should adopt the method of the key breakthrough, first formulated "the law of government information" and "individual privacy protection law", not only to meet the public's right to know, to supervise the government administrative behavior, and not misuse personal data violations of personal information privacy.

China citizen's constitutional protection of the right of privacy protection in the realization of the constitutional right to privacy is almost blank, should first seek to enter the constitution protection basis, by expanding the interpretation of the Constitution in thirty-seventh, 38 in terms of the content and thirty-ninth of the constitution, the provisions of clause 40 should not be difficult to do, but for the right to privacy of constitutional basic rights the establishment is not clear, lack of personality right protection provisions and protection for private life, family is not violated the privacy of the core content, this should be the future through the constitutional amendment to solve the problem. It's not difficult to implement the right of privacy constitution protection, difficult is how to implement the constitutional protection of the right of privacy, this is not single rights can be realized, should be closely linked with the constitutional law applied in the whole country, in China now the core of the problem is how to make the constitution "teeth", become truly useful method, establish the judicial review system is an inevitable choice, the most powerful system is the constitutional protection of the right of privacy was effective, on this basis, that the constitutional right of privacy as a private law and develop a personal privacy law makes sense.

Conclusion

The protection of privacy of the object of privacy is closely related to the rights and interests of human nature, the pursuit of positive private life free concept of privacy is the social attention to the individual value results, so the privacy of natural implication of basic human rights. The right of privacy, personal autonomy, the core value is the recognition of individual autonomy, the ultimate value is the realization of personal dignity. The right of privacy is the basic rights of constitution protection of the citizen's. Expectation of privacy plaintext protection of our constitution as soon as possible.

Notes.

[1] Wang Liming: "China civil case studies and general principles", Law Press, 1998 edition, page 153rd.

[2] Wang Xiuzhe: "" on the constitutional protection of privacy, Social Sciences Academic Press, 2007 edition, page thirty-fifth.

[3] Wang Liming: "tort", people's China Science Press 1993 edition, page ninety-third.

[4] Liang Huixing, Liao Xinzhong: "the concept of privacy and the right of privacy" essence, "the people's justice" set in 2003 fourth

[5] [UK] Hobbes: "Levitan", the Li et al, commercial press in 1985, 163rd pages.

[6] [UK] John mill: "on liberty", translated by Cheng Chonghua, commercial press in 1959, fifty-ninth, 68 pages.

[7] [UK] Rock: "government" (down), Ye Qifang, the Commercial Press, 1964 edition, page.36.

[8] Edward Lawson: "Encyclopedia of human rights", Sichuan people's publishing house, 1997 edition, page 198th.

[9] James Blaise: "the modern people regime" (on), translated by Zhang Weici, Jilin people's publishing house, 2001 edition, page 130th.

[10] Wang Xiuzhe: "" on the constitutional protection of privacy, Social Sciences Academic Press, 2007 edition, page 142nd.

[11] Xu Chongde: "the constitution". (Chinese part), higher education press, 2001 edition, page 173rd.

[12] Baidu search "Universal Declaration of human rights", online time: Eleven thirty-three on December 31, 2010

[13] Lin Laifan: "the Constitution without teeth", "teahouse" load jurists 2006 tenth period

Reference.

[1] Wang Liming: "China civil case studies and general principles", Law Press, 1998 edition

[2] Wang Xiuzhe: "" on the constitutional protection of privacy, Social Sciences Academic Press, 2007

[3] Wang Liming: "tort", people's China Science Press 1993 edition

[4] Liang Huixing, Liao Xinzhong: "the concept of privacy and the right of privacy" essence, "the people's justice" set in 2003 fourth

[5] [UK] Hobbes: "Levitan", the Li et al, commercial press in 1985

[6] [UK] John mill: "on liberty", translated by Cheng Chonghua, the commercial press 1959 Edition

[7] [UK] Rock: "government" (below), translated by Ye Qifang, the commercial press 1964 Edition

[8] Edward Lawson: "Encyclopedia of human rights", Sichuan people's publishing house, 1997

[9] James Blaise: "the modern people regime" (on), translated by Zhang Weici, Jilin people's publishing house, 2001

[10] Xu Chongde: "the constitution". (Chinese part), higher education press, 2001 Edition

[11] Lin Laifan: "the Constitution without teeth", "teahouse" load jurists 2006 tenth period