论完善我国公民隐私权法律保护制度

世界各国对隐私权的法律保护方式主要有直接保护、间接保护、概括保护。我国目前对隐私权的保护属于间接保护的方式 ,民法中尚未确认隐私权为独立的民事权利。完善我国隐私权法律制度 ,一方面应在刑法中设立侵犯公民隐私权罪 ;另一方面在将要制定的《民法典》中 ,应确认隐私权为一项独立的民事权利 ,确定隐私权的范围并规定侵犯隐私权的法律责任。

Legal Protection of the Right to Privacy

The right to privacy is an independent civil right which has been admitted and protected worldwidely. The right to privacy is a kind of independent right of personality which includes right of peaceful living and that of private information being protected by the law, both of which are appreciated by every citizen. Ways to protect the right to privacy in the world list as following: (1)direct protection; (2)indirect protection; (3)general protection. At the present, China's way to protect the right to privacy is sure to be indirect protection, as the right to privacy has not been admitted by the civil law of China. To make the legal system of the right to privacy of our country perfectly, there are two important tasks we should take. On the one hand, we should establish the crime of violation to personal right to privacy in criminal law. And on the other hand, we should admit the right to privacy as a civil right in civil law.