Regulations
Composition
Article 38 The personal dignity of citizens of the People's Republic of China shall not be violated. It is prohibited to insult, slander, falsely accuse or frame citizens in any way.
Article 39 The residences of citizens of the People's Republic of China shall be inviolable. Illegal searches or illegal intrusions into citizens' homes are prohibited.
Article 40 The freedom of communication and the confidentiality of communication of the Chinese people and citizens of the People's Republic of China are protected by law. When public security organs and procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and confidentiality of communications for any reason, except for the needs of national security or the investigation of criminal crimes.
Criminal Law
Article 245 Whoever illegally searches the body or residence of others, or illegally invades the residence of others, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Judicial personnel who abuse their powers and commit the crime in the preceding paragraph shall be severely punished.
Article 246: Anyone who openly insults others by violence or other methods 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.
Except for crimes in the preceding paragraph that seriously endanger social order and national interests, they will only be dealt with if they are informed.
Article 252: Anyone who conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of communication, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Article 253 Postal workers who open, conceal, or destroy mail or 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 in the preceding paragraph shall be convicted and severely punished in accordance with the provisions of Article 264 of this Law.
Article 253-1 Staff members of state agencies and financial, telecommunications, transportation, education, medical and other units. Anyone who violates national regulations by selling or illegally providing citizens’ personal information 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 solely be fined.
Stealing or illegally obtaining the above information through other methods, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes in the preceding two paragraphs, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph.
General Principles of the Civil Law
Article 100: Citizens enjoy the right of portrait and may not use their portrait for profit-making purposes without their consent.
Article 101. Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is prohibited to damage the reputation of citizens or legal persons by means of insult, slander, etc.
Opinions on Several Issues Concerning the Implementation of General Principles of the Civil Law
140. Disclosure of other people’s privacy in written or oral form, or fabricating facts to publicly vilify other people’s personality, or damaging other people’s reputation through insult, slander, etc. , causing a certain impact, should be deemed as an infringement of citizens' right to reputation.
Any act that slanders or slanders the reputation of a legal person in writing or orally, causing damage to the legal person, shall be deemed an act that infringes upon the right of reputation of the legal person.
141. Misappropriating or imitating another person’s name and causing damage shall be deemed as infringement of the right of name.
Other laws and regulations
Tort Liability Law
Among my country’s current laws, only [1] Article 2 of the Tort Liability Law stipulates that the scope of civil rights includes privacy right.
Based on my country’s national conditions and relevant foreign information, the following behaviors can be classified as infringement of privacy rights:
1. Publicizing a citizen’s name, portrait, address, ID card number and telephone number.
2. Unlawfully trespassing, searching other people's homes, or disturbing other people's peace in other ways.
3. Illegal stalking of others, surveillance of other people’s residences, installation of eavesdropping equipment, secretly filming other people’s private lives, and spying on other people’s indoor situations.
4. Illegally spy on other people’s property status or publish their property status without others’ permission.
5. Open other people’s letters privately, peek into other people’s diaries, spy on the contents of other people’s private documents, and make them public.
6. Investigate and spy on other people’s social relationships to make them violate the law.
7. Interfere with the sexual life of other couples or investigate and publish it.
8. Announce to the public the extramarital sex life of others.
9. Disclose citizens’ personal materials or make them public or expand the scope of disclosure.
10. Collect purely personal information that citizens are unwilling to disclose to the public.
11. Revealing other people’s secrets without permission.
Protecting minors
Article 39: No organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy letters, diaries, or emails of minors; no organization or individual may open or review letters, diaries, or emails of incapacitated minors, but Exceptions are made for inspections carried out by the public security organs or the People's Procuratorate in order to investigate crimes in accordance with the law.
Privacy should not be a "protective shield" for cheating students.
In the past few days, many students and parents of Suizhou No. 2 Middle School have reported to this newspaper that videos of some students cheating on exams were scrolled on the big screen next to the school’s teaching building, which hurt the students’ self-esteem and violated them. privacy. (April 19 Jingchu.com)
When it comes to dealing with fraudulent students, let’s take a look at the practice of Harvard University, a world-renowned university. 125 students of the school were suspected of cheating on the final exam last semester. After half a year of investigation and evidence collection, Harvard University announced that 60 students who cheated on exams were suspended from school. Half of 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 severely. Stanford University in the United States has formulated an "Honor Code of Conduct" that clearly stipulates that students "shall not give or receive assistance on examinations, and shall not accept any unauthorized assistance in assignments, submitted reports, or grading work by any teacher." Students who violate the code for the first time will face a suspension of a quarter of the school year and 40 hours of community service; for irreparable behavior, the school will impose expulsion. In the United States, approximately 65,438+000 schools have “honor codes of conduct.”
Although these are regulations from universities, they also show that American schools are very strict in handling fraud. Perhaps, the fruitful results achieved by universities in Europe and the United States may also be based on these strict management. However, on the other hand, 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 lot of criticism. As for primary and secondary schools, punishing students has become a minefield that schools and teachers dare not step into. Under such layers of care, our students often do not move in the direction of our ideals.
Ancient Chinese proverb emphasizes that to become a man, you must first be an adult. Then, cheating in exams should be a must for adults and talents. However, this theoretical emphasis is not binding. And if it were made public on campus, it would have violated the right to privacy. Then, when faced with classmates who cheat, we may only have to remind them secretly in private. In any case, we cannot use the right to privacy as a shield for student fraud.
Of course, in order to prevent students’ legitimate rights and interests from being harmed, we can also learn from some scientific and democratic practices. When Stanford University implements the "Honor Code of Conduct," it emphasizes that these penalties must be heard by a six-person jury including four students, one teacher, and one administrative staff member. Today, a middle school in Zhuhai has also begun experimenting with an arbitration and appeals system for disciplinary sanctions. Guangzhou Daily reported that Zhuhai Nanshui Middle School will implement an arbitration and appeal system for student disciplinary violations starting this week. It is no longer the school leaders and teachers who have the final say on whether students should be punished for violating disciplines and how they should be punished, but the students.
Such measures may not be 100% perfect, but one thing we can be sure of is that it makes no sense to blindly tolerate students who make mistakes. Students' privacy rights do need our respect and protection, but students' fraudulent behavior also needs our management and punishment.