关键词: 隐私权, 独立法益, 刑民一体化, 直接保护, 间接保护

Abstract: Privacy is an important personality right, which must be protected by legislation. Before the compilation of China's Civil Code, a privacy protection system based on departmental law has been formed. The Civil Code extended the protection mode of the General Principles of Civil Law for the right of privacy, separated it from the right of reputation, and listed it in the same separate section with the right of personal information. The transformation of the civil law on the protection of the right of privacy will directly affect the criminal law's re-examination and construction of the privacy protection model. Different from the direct protection model of civil law, the independent legal interest status of the right of privacy has not yet been presented in the criminal law, and the protection of legal interests related to the right of privacy is based on the indirect protection model of legal interests such as reputation rights and personal information rights. This protection mode may lead to inconsistent and dislocation of the protection of legal interests of privacy. Therefore, considering the dilemma that the civil law has recognized the independent status of the right of privacy and that criminal law protects it independently, the criminal law needs to explore new ways to directly protect the right of privacy in order to form a comprehensive protection system for the right of privacy.

Key words: right of privacy, independent legal interest, integration of civil and criminal law, direct protection, in direct protection