On The Conflict And Balance Between Lawyer's Case Investigation Right And Personal Information Protection

The right of lawyers to invest in lawyers is a right of lawyers.The right of counsel to investigate is either related to the financial interests of the parties,or to the freedom and life of the parties,or even to the realization of fairness and justice.The right to investigate lawyers is extremely important in civil and administrative cases,as well as in criminal cases.China is in the Lawyers Temporary Regulations,the Lawyers Law,and the three major lawsuits.Is essential for restoring facts,finding the truth,and adjudicating correctly.All have regulations on the right to lawyers,but the right to investigate lawyers is still subject to many restrictions.Personal information protection is also a key issue that is currently receiving much attention.China has stipulated personal information rights in the provisions of the "Network Security Law" and "General Principles of Civil Law." Positive personal information right means that an individual may freely use his or her personal information to the extent permitted by law.The right of personal information in negative sense means that others must not infringe upon the use of their personal information by natural persons.The right of personal information has the dual attributes of personality and property right.The right to personal information as a right also has borders.On the one hand,the right to personal information may conflict with other basic rights;on the other hand,it is necessary to limit such rights for public interest considerations.In judicial practice,the right of lawyers to exercise investigations often involves the use and protection of personal information.The administrative and non-administrative departments that have a large amount of personal information often hinder the lawyers from exercising the right to investigate because of the public interest and the protection of personal information.Lawyers' case investigation rights and personal information protection norms will not only conflict in legal norms,but also conflict in value orientation.The reason for this kind of conflict is that on the one hand,it is worried that lawyers will abuse their rights to damage the legitimate rights and interests of relevant parties when exercising their right to investigate.On the other hand,there are still many shortcomings in legislation.In order to solve the conflict between lawyers' investigation rights and personal information protection,the contradiction between the two is further balanced.First,we need to measure the interests of the two.Secondly,we need to grasp the boundary between the two rights.Finally,we need to further improve the laws and regulations on lawyers' investigation rights and personal information protection.For example,improve the lawyer's application for investigation and Evidence collection system,improve the witness court system,improve the infringement of lawyers investigative rights punishment system.For example,the establishment of personal information collection system,the development of personal information protection law,the establishment of personal information use system.Through these channels,in order to find a good strategy to balance the conflict between the two,I hope that lawyers can lay the foundation for the smooth exercise of their investigation and evidence collection rights while protecting the right to personal information.Thus,while safeguarding the effective exercise of lawyers ' investigative power,it also realizes the effective protection of personal information,finally solves the conflict between the two,delineates the boundary of the rights of the two,and achieves the balance of the exercise of rights.This is the core purpose of this article.