Study On Personal Privacy Protection In Judicial Public Trial

Judicial public refers to in the process of trial, the people’s court should publish the link of each trial and various kinds of information related to trial activities in the case to the parties concerned and the social public in accordance with the provisions of the procedural law besides the relevant state secrets, commercial secrets or personal privacy case. Judicial public is not only an important part of socialist rule of law civilization construction in our country, but also the basic legal principle which the people’s court in the judicial practice must implement, it is also an important measure of the degree in judicial civilization society.Administration of the judicial system is conducive to protect the social public’s right to know and to supervise and it can urge the judge to exercise jurisdiction with discretion, so as to improve the judicial credibility and judicial authority, and finally realize the judicial justice. While the right to privacy is a personality right where a natural person can enjoy private life peace as well as private information secret is protected in accordance with the law and all about this could not be intruded 、known、 collected、 used and published by others illegally. Protecting personal privacy in the judicial public allows the parties in a case involved in each link of litigation in a legal and civilized environment. It is beneficial to the human dignity and to the improvement of the judicial environment. Although the right of privacy in our country in the current legislation system has no clear rules, in the procedural law the provision to exclude cases involving personal privacy in a public trial of provisions embodies the advocates of litigant personal privacy protection in China’s legislative spirit.But in judicial practice, because of the lack of a unified standard about the privacy of personal information definition, there would be no legal basis whether or not in a public trial in judge discretion.At the same time, public opinion put excessive emphasis on judicial public due to mistrust of the judicial. In such case, in order to guarantee the strength of the judicial public, the parties to a case of right of privacy is likely to be selectively ignored, sacrifice, and as a result, its protection situation is unsatisfactory. So, the purpose of this article is to clear how to protect privacy reasonably in the judicial public in the current legal system framework of how to reasonably on privacy protection.This article is divided into three parts of introduction, body and conclusion of and the body is divided into four chapters.The first chapter introduces the present situation of the right of privacy protection in our country judicial public. Firstly, this paper introduces the present situation of privacy protection in China’s legislation, Secondly, it analyzes the appearance of uniform and inaccurate interpretation of the "personal" problems in the judge discretion whether to apply "privacy" in a not-public trial in the judicial practice, and as well as analyzes the serious infringement of personal right of privacy in practice of judicial public.The reasons of conflict between judicial public and privacy are analyzed in the second chapter, including lacking of legislation, legal reason, rights conflict and choice and social reasons.The third chapter is mainly to discuss how to balance the judicial right of privacy protection of the public and the parties concerned. Firstly, it analyzes how to interpret the privacy in a more proper discretion so as to decide whether to apply a public trial considering the system on the basis of the interpretation and objective interpretation. Secondly it elaborates the principle should be followed on balance the judicial public and personal privacy protection which is the parties involved in principle, proportion principle and the principle of personal interests protection.The fourth chapter is mainly aimed at balancing the image between judicial public and personal privacy protection It is divided into three parts of legislative suggestions, how to "justice" under the current legal framework and the parties how to behave. The key is the judicial person how to do under the existing legal framework.