| From January 1st,2014,<the supreme people’s court on the regulation of the judgment document online> takes effect. In accordance with these provisions, the referee instrument must be placed online, which marks the judicial documents online system formally established. Obviously, this new system helps to protect the public supervision of the trial run of court, Curb judicial corruption, and improve the judicial credibility. At the same time, we must also recognize that because the information receptors of the form of judicial documents online is not specific; Transmission is not limited by time and space; the form of Save is eternal,so the application of the Internet for public written judgment has brought many convenient,but at the same time, it Brought the conflict of the trial power of court and right of privacy; the conflict of the public’s right to know, supervision and the right of privacy. But, we should know the privacy protection of Party is the proper meaning of the judicial document online and is determined by the constitutional status of the right to privacy. Therefore, strengthen the privacy protection in the judicial judgment online becomes a new topic we have to face. Both from the case, and empirical studies, we Can find o lot of problems of privacy protection in the practices of the court’s judicial documents online. And the root of these problems lies in the lack of specification or anomie of specification. To solve this problem, the court first should obey the the principle of proportionality and the principle of balancing of interests. On this basis, we can Clear and specific the personal privacy in Judicial Document online; build the mechanisms of monitoring, accountability,penaltiesand,assessment of personal privacy and relief mechanism when the privacy of party had been violated. Thereby slowing the conflict between the judicial document online and the protection of privacy of parties, reach the balance between the two. |
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