The Privacy Protection Of Litigant On The Publication Of Judgments

As the products of Justice,Judgments reflect the trial activities and results.Thepublication of Judgments,especially through the internet,is an effective measure to accept thesupervision of the people and has realistic significance to promote the justice of trial. With theenhancement of the person’s privacy consciousness, especially the rapid development ofnetwork technology,the personal information will be collected and spread easily.JudicialOpinions of China as a unified national court judgments releasing platform has beenestablished, the access to all levels of judgment documents by public will soon become areality.The protection of privacy in the judgments relates to everyone’s benefit.This paper aims at stating the shortage of privacy protection by a systematic analysis ofthe publication of judgment in our country,combining with our country’s status and legalprovisions,to establish a reasonable system from judicial and legislative way. This papermakes the research by using the method of theoretical and empirical research,based on thecollection of domestic and international data, adopting legal interpretation, comparativeanalysis and other research methods. In addition to the introduction, the paper is divided intofour parts.The first part:the problems in the publication of judgments.The paper starts with threesmall cases, The focus dispute and the opinion of the court lead the author to think of theprotection of privacy on publication of case judgments,it is necessary to define thesubject,range and procedure of the publication of case judgments.The second part:the theory of privacy and the publication system of judgments.First ofall,introduce the concept of privacy briefly focusing on the analysis of the scope of theprotection of privacy.Secondly,review the history of the publication system of judgments andanalyses and sums up the history of the relevant provisions about the protection ofprivacy.Finally,combine with the results of two investigation and indicate the problems of theprotection on publication system of judgments.The third part:Introduction of the privacy protection on publication system of judgmentsin other places.On the basis of comparative analysis,summarize the general practice andprovide the beneficial reference for the protection of privacy on publication system ofjudgments. The fourth part:suggestions on the protection of privacy of litigant through the system ofcase judgment and the legislation of privacy.First, according to the latest regulations andsystem in the world and from the perspective of privacy protection promote the systemconstruction on principle,subject,scope,content,time limit,procedure guarantee and so on.Thecourt as the sole legitimate subject of judgment publication should use “the principle ofseverability”to make the technical procession in case.The judgments involves with statesecrets mediation agreement and should not be publicized.The names of litigants and otherpersonal information may not be disclosed, but in the current legal regulations, we shouldhandle personal information carefully.We can set a period for the name publication oflitigants to ensure the reintegration of privacy interests.Publication of case judgments onlinecan realize the provisions of the civil procedure law.Second,the civil law should be the centerof the protection of privacy in promoting the protection of privacy on publication system ofjudgments.