Research On The Issue Of Public Interest Litigation Filed By The Procuratorial Organ For The Protection Of Personal Network Information

In the Internet era,with the rapid development and widespread use of various intelligent information technologies,the living standard of the public has been continuously improved.Under the network environment,various operators have more and more advanced methods to collect personal information data,and the traditional personal information protection system has been unable to guarantee the overall protection of personal information under the current network environment.In daily life,information leakage cases occur frequently,citizens' work and life are troubled,and social public interests are affected.The legal collection and utilization of personal network information by relevant subjects and the protection of civil rights have become the focus of public concern.In theory,most scholars insist on a law that specifically protects personal information.In legal practice,basically every law makes a series of regulations on the protection of personal information.But under the network environment,operators,network service providers such as operators to obtain consumers after a series of relevant information,the user's ability to control information about yourself,when the rights and interests invaded the relief various aspects ability is difficult to compete with the corresponding enterprise,therefore the public personal protection is not enough,unable to cope with personal information under the network environment,and using illegal behavior caused social chaos.In this context,the public's personal information protection can attempt to breakthrough in the public interest litigation,personal network information to protect public interest litigation than the private interest litigation,can eliminate the inequality of both sides,increase the rate of rights,and can supervise and urge the relevant administrative organs positive personal network information security related duties,protect a more comprehensive and conform to the trend of network and information legislation in the future.The procuratorial public interest litigation system was first put forward at the plenary session of the fourth middle school of the 18 th CPC CentralCommittee.The procuratorial public interest litigation system has been perfected and improved in the process of exploration from the initial pilot in some areas to the later comprehensive implementation and application,and has achieved remarkable results in protecting national interests and social public interests.At present,the two procedural laws only list the ways in which procuratorial organs can bring public interest litigation in four areas.The Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China stressed that the procuratorial organ should actively "expand the scope of public interest litigation cases".The Supreme People's Procuratorate also pointed out that in addition to continuing to handle cases in the areas of clear empowerment in the law,it should actively play the procuratorial function,actively explore other areas of public interest litigation cases,and provide policy guidance for expanding the scope of procuratorial public interest litigation.At present,the civil and administrative litigation law,after the public interest litigation in four major areas can be filed by the procuratorial organ,has added the provisions of "other areas",which provides legal guidance for the procuratorial organ to expand the scope of public interest litigation.The provisions of the heroic protection law fully confirm the original intention of the above legislation.To sum up,the protection of personal network information into the public prosecution litigation system has a further exploration basis.This article will through five parts,the procuratorial organs in the field of personal network information protection filed personal public interest litigation to discuss.Firstly,it analyzes the connotation and attributes of personal network information,mainly explaining the scope and public welfare attributes of personal network information.Secondly,from the theoretical basis,litigation scope,system basis and other aspects of personal network information protection into the procuratorial public interest litigation protection of the legitimacy;On this basis,through the analysis of the characteristics of personal network information being invaded and the insufficiency of the existing protection mechanism,this paper expounds the practical experience and system advantages of the public interest litigation brought by procuratorial organs,and expounds the necessity and feasibility of the personal network information being included in the public interestlitigation of procuratorial organs.At last,the author makes a preliminary conception on the specific system of public interest lawsuit of personal network information brought by procuratorial organs.