冲突与消解：隐秘摄录引发的法律问题探析

隐秘摄录行为是公众知情权、社会舆论监督、新闻自由的一种权利表现形式，是个体自由价值的体现，在一定程度上包含了公共利益的诉求。隐秘摄录行为虽具有一定的合法性基础，但也极有可能引发侵犯公民隐私的权利冲突。隐秘摄录行为可能引发宪法、行政法、刑法与民法范畴的权利冲突，我国相关法律虽对其进行了规制，但规制力度不大，且我国尚无禁止性法律规范约束隐秘摄录。建议遵循宪法原则指导法律规范，以宪法为上位统筹协调各部门法关于隐秘摄录行为的规定，同时，寻求宪法解释，以消解隐秘摄录行为引发的权利冲突。

Conflict and Resolution: Analysis of Legal Problems Caused by Covert Videotaping

Covert videotaping, a manifestation of such three rights as the right to know, the supervision of public opinion, the freedom of the press, is the embodiment of individual freedom value, and to some extent, it includes the demands of the public interest. Although covert videotaping is legitimate to a certain extent, it is likely to lead to conflicts of rights by violating citizens'' privacy. Covert videotaping would probably induce right conflicts in Constitution, administrative laws, criminal laws and civil laws. Although the relevant laws of our country have set some rules and regulations to regulate covert videotaping, the regulation is modest, and our country does not have prohibitive laws to govern covert videotaping. Therefore, it is suggested that the constitutional principle should serve as the guide for all the legal norms, and superiority should be given to the Constitution for the overall coordination of the various departments. Meanwhile, we should seek constitutional interpretation so as to resolve the conflicts of rights triggered by covert videotaping.