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The Research Of The Privacy Legal Protection Under The Backeground Of The Case Information Disclosure

Posted on:2018-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2346330542979313Subject:Law
Abstract/Summary:PDF Full Text Request
The disclosure of case information refers to the act of opening information relating to litigation or illegal events.the people's court should publish the link of each trial and various kinds of information related to trial activities in the case to the parties concerned and the social public in accordance with the provisions of the procedural law besides the relevant state secrets,commercial secrets or personal privacy case.While the right to privacy is a personality right where a natural person can enjoy private life peace as well as private information secret is protected in accordance with the law and all about this could not be intruded,known,collected,used and published by others illegally Protecting personal privacy in the judicial public allows the parties in a case involved in each link of litigation in a legal and civilized environment.It is beneficial to the human dignity and to the improvement of the judicial environment.Although the right of privacy in our country in the current legislation system has no clear rules,in the procedural law the provision to exclude cases involving personal privacy in a public trial of provisions embodies the advocates of itigant personal privacy protection in China's legislative spirit.Now we are emphasizing the rule of law and building a society ruled by law,respect and protect the citizens' privacy right is propitious to promote the legal construction and the justice.And is also propitious to protect the personal independence.People have enough personal space to protect themselves from other people's intrusions.We discuss the privacy,It provides an effective way to protect the right of privacy in our country.First of all,we should make a creative transformation of traditional privacy concepts and learn from Western privacy protection,take the essence and discard the dross.Build identity and value requirements for privacy.Analyze the content of privacy,draw on the experience of the legislative experience and mode of privacy protection in developed countries.Establish a sound regular protection system for the right to privacy.This article is divided into three parts of introduction,body and conclusion of and the body is divided into five chapters.The first chapter introduces the protection of privacy under the information disclosure of cases.First of all,this paper introduces the overview of case information disclosure,and then introduces the content and significance of privacy protection.then,it analyzes the problems of privacy protection under the case information disclosure,Mainly from the legislative,legal and social aspects of the reasons.The second chapter expounds the current situation of privacy protection under the current information disclosure in China.The second chapter discusses the nature and causes of the conflict between the disclosure of case information and the privacy protection of the parties.Believed that the nature of the conflict of jurisdiction and the right of privacy of the conflict between conflict and the public's right to know and privacy,and then analyze the causes of conflict,including legislative,judicial,legal supervision in three aspects.The forth chapter mainly discusses the advanced experience of foreign countries in the protection of privacy under the case information disclosure.The fifth chapter mainly puts forward some suggestions on the problems of personal privacy protection under the information disclosure of our case.
Keywords/Search Tags:Case information disclosure, Rights of privacy, the person involved, legal protection
PDF Full Text Request
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