The use of criminal means to regulate candid photography has become a common option in numerous countries,and there is no shortage of support within the criminal law community in our country to punish the practice.By the test of legality,it was found that the harm principle was overly broad in its connotation,and that it was difficult to explain the legality of the legislation on candid photography.Under the offense principle,penalties are necessary when a private photo or video is widely distributed,causing deep offense to an unspecified majority.According to the principle of legal interest,if the perpetrator uses the results of candid photography for a different purpose and satisfies the requirements of the constitutive element,it creates a related legal interest infringement against others,such as an insult offence.Based on the principle of proportionality,candid photography for self-viewing is a private act and does not constitute a serious infringement of a legal interest.Administrative penalties,civil liability and other non-legal means can be used to give the perpetrator corresponding regulation without resorting to criminal law.
关键词
偷拍/法益侵害说/冒犯原则/比例原则/轻罪时代
Key words
candid photography/the theory of violating legal interests/offense principle/proportionality principle/era of misdemeanors
万方数据