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Research On The Protection Of Personal Information Of Criminal Def Endants

Posted on:2022-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:J J WeiFull Text:PDF
GTID:2506306752964199Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
Personal information protection is an important topic in the world.China has issued the Personal Information Protection Law of the People’s Republic of China,and the United States will also grant individuals extensive deletion rights through the deletion Law to regulate the abuse of personal information.The protection of personal information prosecuted in criminal proceedings accords with the current trend of personal information protection,standardizing litigation behavior in criminal proceedings,better punishing crimes and protecting human rights in the pattern of public-private confrontation,promoting entity justice and procedural justice,and better protecting human rights.In criminal proceedings,the personal information of the criminal accused is protected so as to preserve dignity,be protected and respected in a relatively weak position.From the public security organ receives the related case of the suspect material,case material processing,the spread of general investigation measures,and technical investigation measures of examination and approval,evidence collection,to the people’s procuratorate to the supervision of the public security organ,the review of the public security organ shall hand over material,to the supervision of the former investigation,to file material review and subsequent Sue to the court’s review,To the court for a public trial,the trial of criminal accused person live public processing,propulsion,the written judgment,official media reported cases related to every phase of criminal lawsuit activity involving the criminal accused person,we will strengthen the protection of personal information science enables the stages to specification,even in the relatively closed space pattern,The three organs of the Public security Law may,in accordance with the law and relevant rules,regulate their own behavior,selfsupervision,self-restraint,and build a more fair and reasonable environment for conviction and sentencing.The first part of the article summarizes the personal information of the criminal accused and its protection significance,clarifies the scope of the personal information of the criminal accused,clarifies the relationship between the personal information of the criminal accused and personal privacy,and fixed the protection of the personal information of the criminal accused in several stages of filing investigation,examination and prosecution,trial.The second part analyzes the current situation and potential risks of personal information protection in each stage of criminal procedure,analyzes the information processing by public security organs in the stage of filing and investigation,grasps the positioning of procuratorial organs in the processing,and the court’s public treatment in the trial stage,and carries out the prediction and evaluation of potential risks.The third part,from the legislative provisions,liability regulation,power restriction mechanism,specific protection system analysis of risk causes,so as to find targeted protection measures for personal information.The fourth part is to improve the path of personal information protection,to clarify the attributes and status of the personal information rights and interests of the criminal accused,to regulate the behavior of each stage through the principles that should be followed in each stage,and to improve the protection of personal information according to specific institutional arrangements.
Keywords/Search Tags:Personal information, Personal information right, Rights of privacy, Personal information protection
PDF Full Text Request
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