Research On The Protection Of Privacy In The Opening Of Internet Justice

Through the development in recent years,China's online judicial publicity has covered many aspects,such as online court hearing,online judicial documents and online implementation information.The openness of network judicature guarantees citizens' right to know and supervision,and strengthens the transparency of judicature.But it also brings about the situation of divulging citizens' privacy and even infringing citizens' privacy right.How to balance the relationship between online judicial disclosure and privacy protection,to ensure the avoidance of improper disclosure of privacy in related online judicial disclosure,and to safeguard the legitimate rights and interests of parties and related personnel is a topic that needs to be studied.This paper is divided into four parts.The first part is an overview of Internet judicial publicity and privacy.This part discusses the concept and characteristics of Internet judicial publicity,and analyzes the characteristics of Internet judicial publicity from the perspective of the way,speed and permanent storage.In the aspect of privacy,the article points out that the right of privacy includes the right of peace in private life and the right of privacy of personal information.The protection of privacy has the significance of realizing personal and social values such as personal dignity and social diversity.The essence of the conflict between the Internet judicial publicity and the right to privacy is the conflict between the right to privacy,the right to know and the right to supervise.The second part is the analysis of the current situation of China's network judicial openness.On the basis of expounding the basic contents of Internet judicial publicity,this paper analyzes the relevant legislation and practice of Internet judicial publicity in China,and analyzes the problems of privacy disclosure in the practice of Internet court trial publicity,online publication of judicial documents and online disclosure of executive information one by one,and analyzes the causes of the above phenomena.The third part is a comparative study on the protection of privacy in the opening of online justice.In this part,the author introduces the legislative provisions and measures taken by foreign countries or regions to protect the right of privacy in the online judicial publicity from three aspects: live online trial,online publication of judicial documents and online disclosure of executive information.In the fourth part,the suggestions on how to improve the protection of privacy in the network judicial publicity in China.This part first proposes to strengthen the research on the concept,scope and content of the right of privacy in the field of civil law,and then analyzes the basic position that should be adhered to in the network judicial publicity and the protection of the right of privacy,that is,the balance between the network judicial openness and the protection of the right of privacy can be achieved through the principle of proportionality and the principle of due process,and the priority of the protection of the right of privacy should be adhered to when there is a conflict between them.In terms of the improvement of the specific measures of the network judicial publicity,it is proposed that different ways of the network judicial publicity should be improved from the aspects of system improvement and practical operation.Finally,the article also points out that supervision,information feedback,as well as the establishment of judicial information institutions should be taken as supporting measures to improve the protection of privacy in the network judicial publicity.