A Research On The Protection Of Personal Privacy In Criminal Open Trial

The open trial of criminal law is the basic principle of criminal procedure in the world,and it is also one of the basic principles of the Constitution and the criminal procedure law.There are a lot of problems in the criminal trial activities,and how to protect the right of privacy is one of the most basic problems.In our country,"personal privacy" is an exceptional condition of the criminal trial is not open,the system is of great significance for the coordination of criminal justice and the protection of personal privacy.There are still many areas to be improved in the process of the implementation of the system,and how to deal with the conflict between the open trial and the protection of personal privacy is a topic which is worth discussing deeply.This topic is of great practical significance and theoretical significance.Analysis of the first chapter of this paper to the open trial with the protection of personal privacy conflict logic,first clear the importance and value of public trial for criminal judicial activities,but also affirmed the right of privacy should be protected in criminal trials.There is a logical conflict between the two,the most obvious is the right to privacy and the right to know,the right to supervise the conflict.In the balance of these conflicts should adhere to certain principles,not simply to violate a principle of cost to another principle,because of the importance of personal privacy protection compared with the criminal public trial is not simple.The second chapter analyzes the current situation of the protection of personal privacy in our country's criminal open trial.The first part is the current laws and regulations on the legal analysis,in the process of combing found that China's legal protection of "privacy" is in progress,one of the most prominent is the legal expression of personal privacy by "personal privacy" to "privacy".It is necessary to investigate whether any laws and regulations have played their due effect.After combing the existing laws and regulations,the second part of this chapter the process of system of criminal public trial in the protection of personal privacy in question has carried on the analysis,it is clear that the original design of the system is worthy of recognition,but the process still exists many needs to perfect place.In the end,the author puts forward some suggestions on the protection of personal privacy in criminal open trial.The first is the scope of the right to privacy should be clear,not clear rights are often not protected.The range will not clear privacy appear to involve personal privacy and public hearing criminal cases were as common cases,and violations of personal privacy,but also the emergence of this does not involve personal privacy cases as involving personal privacy right without a public hearing,and the criminal cases have no supervision.The second is for different protected objects should be protected differently,defendants,victims and witnesses in criminal cases,because of the differences in the criminal trial activities and the role of participation and protection methods should also be different.There is a need to improve the judicial confirmation procedures to determine whether individual cases involving personal privacy,and improve the design of the program to get the recognition of the citizens of the judiciary.Finally,because of the particularity of personal privacy,once it is violated,it is difficult to achieve the restoration of the right to privacy,in the light of the situation of the violation of the right of privacy in the criminal trial,there should be a perfect relief mechanism.