Research On The System Of Judicial Adjudicative Document Disclosure In The View Of Personal Information Protection

Judicial adjudicative document is the most important carrier of the juridical reasons, results and legal basis. According to the principle of open trial prescribed in Constitution and procedural law, judicial adjudicative document should be disclosed to the public. Before the year of 2000, there is no unified way to disclose the before-mentioned document. On June 15,2000, the Supreme People’s Court issued a stipulation to regulate its own disclosure job. Led by the Supreme People’s Court, disclosure of the trial document begins to be implemented systematically and comprehensively in the whole national court system. Till now, the courts at all levels basically achieved disclosing the document effectively and efficiently.With the rapid development of the internet, especially the mobile network, disclosing the trial documents through internet has gradually taken place of the verbal and written methods. People can get the judicial adjudicative document easily through typing the keywords into the search box. With no doubt, it does good to implementing the principle of open trial. While, publication of the judicial document in a wide range probably causes invasion of the individual privacy, which should be recognized and paid attention to.Our country has no formulated special act to protect the personal information. There is no direct legal right basis to protect the personal information. Protection of the information mainly relies on the vague rules in separate acts, lacking effective legal protection mechanism. In the real life, the phenomena of malicious access to the personal database and illegal trade of personal information are frequently exposed in the newspaper, threatening citizens’ economic security and personal safety. Under such a background, it’s well worth thinking about how to balance the personal information protection and disclosure of the judicial adjudicative documents.The article aims at analyzing the system of judicial adjudicative document disclosure in the view of personal information protection. The first part is the clarification of the basic concepts, as will be discussed later in this article. The second part analyzes the value of the judicial documents disclosure and the root cause of personal information protection, reveals the conflicts between them. The third part contains a summary to the United States, the European Union, Japan, Taiwan and other overseas countries’（regions’） system of judicial adjudicative document disclosure and a description of the theory behind. In the fourth part, the problems of the system of judicial adjudicative document disclosure in the current legislation and judicial practice are pointed out. The last part is a response to those problems, namely how to protect the personal information more effectively at the same time when we implement the principle of open trial to the fullest.