The Cognizance And Path Of Personal Information Protection In Our Judicial Practice

In recent years, much attention has been paid to research of personal informationprotection in China,crime is involved in the judicial practice,in the absence of the personalinformation protection act,the judicial organs have strong initiative in protecting personalinformation.The personal information system construction of our country must be toeffectively guide the judicial practice as the core,only through the analysis of a large numberof cases in judicial practice, can clearly understanding of the personal information protectionin our judicial practice,and can make a positive exploration of the legislation of personalinformation protection in our country.Based on personal information protection in ourjudicial practice for the development of perspective, trying to review comb trajectory of thepersonal information protection in the judicial practice in our country, and clear the keyproblems of personal information protection.This article consists of four parts besides prefaceand conclusion.The first part, the present status of personal information protection in the judicialpractice.No personal information legislation in our country clearly defined circumstances, thejudicial practice in the form of the judgment of cases relating to the personal informationinvolved in identifying and no unified standard.For personal information protection in judicialpractice at present right path are classified into the reputation, name rights disputes, privacydisputes, general personality right disputes, infringement and other patterns.Judicial practicelack of violation of personal information unified standards, the exploration of basic principlesand contents of personal information involved in practice are difficult to become a powersystem.The second part, the judicial practice under the perspective of basic personalinformation.In this part, through analysising and comparisoning the definition of personalinformation between the academic and the legislation in developed countries,finding severalmethods in defining the personal information that relating to the personal information form,which lists generalize and define "identifiable" standards for most of the countries and regionsworldwide recognition.Although personal information in the field of public law or private lawunder the vision can be found in the corresponding provisions, in practice to protect all areaslegal department also need to cooperate, but it still can not change the personal information at the core of private law attribute, the law can not replace the important position in the personalinformation protection.Compare current has been widely recognized by most countrieslegislation is the basic principles, the right content, is helpful to locate the personalinformation protection in China’s judicial practice examination standards.The third part, the judicial practice in the development of the right of personalinformation protection path.Based on analysising the difference among personal informationand specific personality right and the general personality right, to clear the value of personalinformation protection at last.At the same time, due to the growing understanding of thepersonal information, which protected the independence of the value in the judicial practice isalso growing.The fourth part, based on the judicial practice of personal information protection inChina.Comb in the judicial practice on the basis of combing the current our country the statusquo of legislation on personal information protection, both in the legislative status and thelegislative quantity, current legislation of personal information protection in China is laggingbehind the development of the judicial practice.Established in line with the practice on thebasis of the law to play the value and significance of the idea, he clear of personal informationprotection legislation should be clear public law and private law, adopt centralized and unifiedlegislative model, exploring the personal information in the future trend of civil law.