Translated Abstract
In recent years, surveillance cameras come into the people`s life all over the streets.as long as out of their homes, our behavior is being monitored. Ubiquitous digital time monitoring the behavior of people, so who will protect the citizens privacy right under the intendance? We should clearly recognize that the monitoring systems all over the streets protect the interests of most people in our society, but there are risks in the monitoring systems, which is that the citizens` rights are violated due to the surveillance cameras could be used at any time and the negligence of the users of citizens. All of these illegal behaviors provide convenient ways to badly infringe the citizen's right of privacy. At that time, there are,endlessly,different kinds of the “door” events of infringement of the right of privacy in the society. Under this background, the protection of the citizen's right of privacy become a hot topic of the society, which lead to increasingly the call for legal protection of privacy .
Since the Expanding public video monitoring system provides a strong means to manage the social affairs for the administration. the systems are applied by all over the countries including China The use of the process has brought benefits, at the same time, the controversy continuously occur, which has aroused more and more attention on the society, theoretical circle and citizens. How to regulate the use of monitoring and control system in public places? How to balance the protection of the citizen right of privacy in public places and the use of public power? How to establish the protection systems after the infringement in the process of public monitoring and control system as well as management is the purpose of this study, its significance is self-evident for the establishment of the civil society.
In this paper, by using the method of comparison and case analysis as the main research methods, this paper expounds the related theories on the citizen right of privacy protection and the tort caused by monitoring system in public places and the relationship between the two parts.
The first chapter elaborated this article selected topic background and significance, and Current domestic and international theoretical research status on the monitoring system to protect the privacy of citizens in public places; The second chapter, from the perspective of the monitoring system in public places and citizen right of privacy protection, elaborated the necessity of the protection of citizens' right of privacy under the using process in t public surveillance system installation management. In the third chapter analyzes consider and discuss between the value conflicts and the maintain interests, which are referred to the public interests under the protection of the monitoring system in public places and citizens' privacy protection measure.The fourth chapter analyzes the legal rules and regulations, existing problems and the reason on the citizen right of privacy protection, in current China, of the monitoring system in public places. The fifth chapter analysis the advanced legislative experience, which are applied in the major western countries, on the monitoring system in regulating public and protect citizens' right of privacy. In the sixth chapter ,comparing the related legislation and legal practice of domestic and foreign, we summarizes the advanced experience and characteristics of the main western countries. At the same time, referring to the foreign advanced legislative experience and practice, combining with Chinese current legal systems, we propose the suggestion on the our country public citizen right of privacy protection under the public monitoring system.
Based the discussion above, this article expounds the relationship between the monitoring system and the citizen right of privacy in public places, as well as, reveals the limitation and insufficiency of the legal protection of the citizen right of privacy under the monitoring and control system in public places, , puts forward suggestions and countermeasures on citizen privacy legal protection, which is in order to improve law system on setting up, management, use of the monitoring and control system of our country public place , as well as citizen right of privacy protection.
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