The Necessity and Feasibility of Setting Privacy Right in Criminal Proceedings in China

DOI

10.2991/emle-18.2018.154How to use a DOI?

Keywords

criminal proceeding; privacy right; procedure application

Abstract

The privacy right is a legal concept widely existing in the legislation of the countries in the modern world, and the protection of privacy is a concrete manifestation of human rights guarantee. In a broad sense, based on the requirements of personal dignity of citizens, citizens should generally enjoy the right to be free from interference with and infringement on their personal privacy by others. The relevant provisions on this right in China's current legislation are not clear. They are only dispersely seen in relevant legislation, while a complete applicable system has not been formed. In criminal proceedings, the application process of investigative power, procuratorial power and judicial power may dispose of the information and body of the parties due to the need for case processing, especially those prosecuted in a criminal case have to face repeated inspections in the process of investigation, and the legislative design and practical application of these disposal ways may result in actual violation of the privacy rights of the applicable objects.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Fu Chunyan
PY  - 2018/12
DA  - 2018/12
TI  - The Necessity and Feasibility of Setting Privacy Right in Criminal Proceedings in China
BT  - Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018)
PB  - Atlantis Press
SP  - 807
EP  - 810
SN  - 2352-5428
UR  - https://doi.org/10.2991/emle-18.2018.154
DO  - 10.2991/emle-18.2018.154
ID  - Chunyan2018/12
ER  -