laws and regulations
form
Article 38 The personal dignity of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
Article 39 The residences of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to illegally search or illegally invade citizens' houses.
Fortieth the freedom and privacy of communication between the people of China and the citizens of People's Republic of China (PRC) shall be protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.
criminal law
Article 245 Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
Article 252 Whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 Postal personnel who open, conceal or destroy mail and telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
Article 253-1 Staff of state organs and financial, telecommunications, transportation, education, medical and other units. Whoever, in violation of state regulations, sells or illegally provides personal information of citizens obtained by the unit in the course of performing its duties or providing services to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
Whoever steals or illegally obtains the above information by other means, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each paragraph.
general rules of civil law
Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.
Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Opinions on several issues concerning the implementation of the general principles of civil law
140. Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly vilify others' personality, and damages others' reputation by insulting or slandering others, thus causing certain influence, shall be deemed as an act of infringing citizens' right to reputation.
Whoever slanders or slanders the reputation of a legal person in written or oral form, thus causing damage to the legal person, shall be deemed as an act of infringing the reputation right of a legal person.
14 1. Anyone who steals or imitates another person's name and causes damage shall be regarded as infringing on the right to name.
Other laws and regulations
Tort liability law
In China's current laws, only Article 2 of Tort Liability Law stipulates that the scope of civil rights and interests includes the right to privacy.
According to China's national conditions and relevant foreign materials, the following acts can be classified as infringement of privacy:
1. Make public the name, portrait, address, ID number and telephone number of citizens without their permission.
2, illegal intrusion, search other people's homes, or otherwise disrupt the peace of others.
3. Illegally stalking others, monitoring others' residences, installing eavesdropping equipment, secretly photographing others' private lives, and spying on others' indoor conditions.
4. Illegally spying on others' property status or publishing their property status without others' permission.
5. Privately open other people's letters, peek at other people's diaries, spy on other people's private documents and make them public.
6. Investigate and spy on other people's social relations to make them illegal.
7, interfere with other couples' sexual life or investigation.
8. Publicize other people's extramarital sex life to the public.
9, the disclosure of personal materials of citizens or open or expand the scope of disclosure.
10, collecting pure personal information that citizens are unwilling to disclose to the society.
1 1. Publicize other people's secrets without permission.
protect minors
Article 39 No organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy minors' letters, diaries and emails; No organization or individual may open or consult the letters, diaries and e-mails of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections according to law in order to trace crimes.
Privacy should not be a "protective cover" for cheating students.
In the past few days, many students and parents of Suizhou No.2 Middle School reported to this newspaper that some students cheated in exams by scrolling on the big screen next to the teaching building of the school, which hurt students' self-esteem and violated their privacy. (April 19 Jingchu. com)
Speaking of dealing with fraudulent students, let's take a look at the practice of Harvard University, a world-renowned university. Students of this school 125 are suspected of cheating in the final exam last semester. After half a year's investigation and evidence collection, Harvard University announced that 60 students who cheated in the exam were suspended from school, and the remaining 65 students suspected of cheating were detained for observation and the other half were pardoned. And Harvard is not unique in punishing students who cheat so badly. Stanford University in the United States has formulated an "honorary code of conduct", which clearly stipulates that students "shall not give or get help in exams, and shall not accept any unauthorized help in homework, submitted reports or any teacher's grading work". Students who violate the code for the first time will face the punishment of suspension for a quarter of the school year and 40 hours of community service; For irreparable behavior, the school will give expulsion. In the United States, about 65,438+000 schools have formulated "honor code of conduct".
Although these are all regulations from universities, they also show that American schools are very strict in dealing with fraud. Perhaps, Europe and the United States and other universities have achieved fruitful results, or they may be based on these strict management. On the other hand, however, our education, whether in universities or middle schools, seems to only emphasize "tolerance" for students' mistakes. Not long ago, Shandong University ordered some "soy sauce" students to drop out of school, which even caused a curse. As for primary and secondary school campuses, punishing students has become a minefield that schools and teachers dare not set foot in. Under such layers of care, our students often don't move in our ideal direction.
China's old adage emphasizes that to be a man, one must be an adult first. Then, cheating in exams should be a necessary condition for adults and talents. However, this theoretical emphasis is not binding. And if it is made public on campus, it has violated the right to privacy. Then, in the face of cheating students, we may have to secretly remind them in private. In any case, we can't regard privacy as a protective cover for students' fraud.
Of course, in order not to harm the legitimate rights and interests of students, we can also learn from some scientific and democratic practices. When implementing the Code of Honorary Conduct, Stanford University emphasized that these punishments must be tried by a six-member jury including four students, 1 teacher and 1 administrator. Today, a middle school in Zhuhai has also begun to try the arbitration and appeal system for disciplinary action. Guangzhou Daily reported that Zhuhai Nanshui Middle School began to implement the arbitration and appeal system for students' violations this week. It is no longer the school leaders and teachers who have the final say, but the students who have the final say.
Such measures may not be 100% perfect, but one thing we can be sure of is that it is meaningless to blindly tolerate students who make mistakes. Students' right to privacy really needs our respect and protection, but students' fraud also needs our management and punishment.
judicial explanation/interpretation
Whether it constitutes the responsibility of infringing the right of reputation should be determined according to the fact that the victim's reputation is damaged, the actor's behavior is illegal, there is a causal relationship between the illegal behavior and the damage consequences, and the actor is subjectively at fault. Whoever insults or slanders others in writing or orally and damages their reputation shall be regarded as infringing on their reputation. Without the consent of others, publishing other people's privacy materials in written or oral form or making others' privacy public, thus causing damage to others' reputation, shall be punished as infringement of others' reputation right.
Disputes over the right of reputation caused by writing and publishing critical articles shall be handled by the people's courts according to different situations:
The problems reflected in the article are basically true, and there is no content that insults others' personality, which should not be considered as infringement of others' reputation rights.
Although the problems reflected in the article are basically true, there are contents that insult others' personality and infringe others' reputation, which should be considered as infringement of others' privacy. If the basic content of the article is untrue and damages the reputation of others, it shall be deemed as infringement of the reputation right of others.
protection measures
Personal privacy is protected by law. Invading others' private lives and revealing others' privacy is both a violation of social morality and an illegal act. Surveillance, spying on other people's private lives, spying on other people's secrets by reading diaries and opening letters privately are all acts of violating privacy. Of course, for the benefit of the public, it is not an infringement for law enforcement agencies to investigate and disclose the relevant information of the parties according to law.
To respect the privacy of others, we must establish a sense of privacy. Make it clear that everyone is an independent individual, and get rid of the old concept of "the father is the son and the husband is the wife" that advocates personality attachment in our traditional culture; Do not interfere in other people's private space, do not gossip, do not expose people's shortcomings, and do not disturb people's peace; I am not keen on asking about other people's private affairs and spreading other people's secrets because of curiosity. We should correct some bad habits of not respecting others' privacy.
Respecting the privacy of others requires strengthening the sense of responsibility and honor. Personal privacy includes two most loyal guardians-responsibility and honor. Relatives and friends often share some personal secrets, which is based on mutual trust. At this point, we should assume the responsibility and credibility of this privacy, which can not only protect our own privacy, but also protect and respect the privacy of others. People should respect each other's privacy. Protecting citizens' right to privacy is the call of morality, which is helpful to establish good social morality.
Controversial event
double standard
Since 20 14, celebrities have been repeatedly exposed to scandals of whoring, gambling and drug abuse. However, after combing, it is found that the "treatment" of these stars in TV news varies widely, some with mosaic faces and some completely exposed; Some subtitles are changed to "so-and-so", and some directly use their real names. However, all the videos released by the police about these people involved are mosaics.
No mosaic subtitles, use your real name.
In the news broadcast on August 25th, 20 13, when Xue Manzi told the story of whoring, there was no mosaic on his face, and the subtitle was "Suspect Xue Biqun (net name Xue Manzi)".
On July 9, 20 14, when CCTV reported Guo Meimei's case, Guo Meimei's face was not mosaic, and the suspect Guo Meimei had subtitles. Other TV news programs also use real names when broadcasting drug-related events such as Gao Hu and Zhang Mo, and there is no mosaic processing.
Mosaic subtitles without real names
On June 4th, 20 14, when telling the story of drug abuse on CCTV news channel, his face was mosaiced, and the caption showed "Director Zhang" without the words of suspect.
20 14 On June 24th, CCTV News Channel reported Cai Shenning's drug taking process. Caishenning's eyes were mosaic, and the subtitle showed "Chen Moumou (pen name Caishenning)", but there was no suspicion. But when other CCTV programs broadcast this story, Cai Shenning's face was not mosaic.
On August 14 and 17, after Kai Ko's drug abuse was controlled, a video of Kai Ko crying and repenting appeared in the news of CCTV News Channel. In the photo, Kai Ko's eyes are mosaic, and the caption shows "suspect Kai Ko".
Industry viewpoint
There should be no double standards in news columns.
The relevant person in charge of the first legal column of CCTV said that they also discussed this issue internally and felt that there were some double standards in the operation of news columns, which easily aroused public suspicion. Under normal circumstances, there will be video images in the rule of law programs, and victims, criminal suspects, minors, police informants and police officers will be mosaic. At the same time, the mosaic should be carried out in strict accordance with the requirements of "not seeing the five senses". If the interviewee asks, the voice needs special treatment.
Whether the lawyer says "beating the horse" is not stipulated, but try not to show up.
The criminal department of a law firm in Beijing said that there is no specific standard for whether the face of the person involved should be mosaic, but he thinks that it is very undesirable to have different mosaic standards.
There were no detailed provisions in the laws of our country before, but according to the provisions of the criminal law that no one can be found guilty without judgment, the dignity and rights of the people involved should be protected in the legal sense. Public figures enjoy less privacy than ordinary people to some extent, but that doesn't mean they don't. In order to avoid preconceptions and influence judicial justice or public opinion, mosaic should be put on or try not to show up.