Research On Privacy Protection Of Privacy Right Of Parties In Civil Litigation

Since article 110 of the general provisions of the civil law of 2017 included the right to privacy as one of the basic civil rights,the civil code(draft)released in 2019 stipulated the basic content of privacy for the first time.In the context of big data,it is an irresistible trend to strengthen the protection of privacy.As one of the three basic types of litigation,civil litigation is far ahead of other types of litigation in terms of the number of cases per year.In order to improve judicial transparency,civil litigation is also the "main battlefield" of judicial openness.In order to follow the trend of The Times and protect the personal dignity of the parties,the privacy rights of the parties in civil litigation should be paid enough attention.By analyzing the existing problems of the privacy protection of the litigants in civil litigation,this thesis proposes some Suggestions for improving the privacy protection of the litigants in civil litigation.This thesis is divided into four parts.The first part focuses on the connotation of privacy and privacy in civil litigation.The right of privacy in civil action is the concrete embodiment of the right of privacy in civil procedure.Therefore,it is necessary to clarify the connotation and basic contents of the privacy right of the litigant in the civil action.The privacy right of the litigant in the civil action should be a macro concept,including communication privacy,health privacy,property privacy and personal experience privacy and other basic contents,with the basic characteristics of clear subject,diversified protection measures and serious damage consequences.The second part mainly analyzes the legislative and judicial status quo of privacy protection in civil litigation.The analysis of the current situation of legislation starts from the general provisions on privacy rights in various departmental laws,and then refines to the existing legislative provisions and judicial provisions in the civil procedure,from the macro to the onlooker.The analysis of the current judicial situation is carried out in accordance with the procedure of civil litigation,which successively shows the current situation of privacy protection in filing,trial,publication of judgment documents and execution,laying a foundation for the study of the following article.The third part of the legislation,judicial and rights relief from the three aspects of the civil litigation parties privacy protection of the existing problems.Legislation of each department and civil litigation system in the protection of privacy is imperfect,thejudicial aspect of judiciary staff awareness of privacy protection is not strong,imperfect technology processing,the public platform of online privacy data lack of security,and the lack of privacy on the parties after infringement relief and compensation mechanism.The fourth part for the privacy protection in civil litigation,the existing problems put forward the countermeasures,including legislation perfect each department law on the protection of privacy and strengthen the systematic protection of right to privacy in civil procedure,the judicial aspects improve the judicial personnel privacy protection consciousness,improve the contents of the involved parties privacy technology processing,and strengthen judicial public platform of online data security protection,at the same time and improve the party after the relief and privacy are infringed by the compensation mechanism.