Legal analysis
The sentencing standards for the crime of invasion of privacy are: those who illegally search another person's body or residence, or illegally invade another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; 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; Postal workers 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, and so on. As a kind of personality right, the constitution of liability for infringement of privacy, like other rights, must have the general elements of tort liability, namely subjective fault, illegal behavior, damage facts and causality. Subjectively at fault. Infringement of privacy is a general tort, which requires the subjective fault of the actor to constitute tort liability. Intention has nothing to do with negligence, but the form of fault affects the liability of the infringer. Acts that infringe on others' privacy are negatively evaluated by the law because they directly violate the law or violate social morality, making them illegal. Damage is the result of tort. As a factual state, there are three main manifestations: property loss, personal interest damage and mental pain. Causality in tort law is to determine the relationship between the actor's behavior and the result, and there is often a direct correlation between the act of infringing privacy and the fact of damage. The consequence of infringing the right to privacy is the overflow of self-control information and the intrusion of private life, which is caused by infringement. In other words, the subject of rights suffers the loss of personal interests because of this illegal act.
legal ground
Article 1032 of the Civil Code of People's Republic of China (PRC) stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.