Research On Public Interest Litigation System Of Civil Procuratorial For Personal Information Protection

With the advent of the era of big data,the value of citizens’ personal information has become increasingly prominent and has become an important social resource as well as an important engine and driving force for social development.However,in practice,the personal information protection mechanism is facing the crisis of space generalization,which makes the personal information security situation worrying.Under this background,the Law of the People’s Republic of China on the Protection of Personal Information was timely issued,in which article 70 establishes the public interest litigation system of civil procuratorial personal information protection.The establishment of this system will provide a more solid institutional guarantee for the protection of personal information.However,because it is a new field of civil procuratorial public interest litigation,the relevant legal provisions are too principled,and the accumulation of judicial practice experience is insufficient,these problems lead to the system not smooth operation,affecting its function in judicial practice.Therefore,this paper aims to analyze and solve the problems existing in the system,in order to build a systematic and perfect personal information protection civil procuratorial public interest litigation system,so as to provide comprehensive judicial protection for personal information.This paper is composed of three parts: introduction,text and conclusion.The text is composed of five chapters:Chapter 1 Outlines the civil procuratorial public interest litigation system of personal information protection,focusing on the legal basis for personal information protection to be included in the scope of civil procuratorial public interest litigation,as well as the theoretical basis for procuratorial organs to enjoy the right of personal information protection public interest litigation,in order to lay a solid theoretical foundation for the following system improvement.Chapter 2 analyzes the background and value of the introduction of civil prosecutorial public interest litigation for personal information protection.The background of the introduction is that civil private interest litigation,administrative supervision,criminal law protection and consumer public interest litigation have shortcomings in the protection of personal information.The value of the introduction lies in making up for the shortcomings of the above protection mechanism.Chapter 3 introduces the status quo of the civil procuratorial public interest litigation system of personal information protection,and analyzes it from the perspectives of legislation and judicial practice,thus concluding that the legislative provisions of the system are too principled and the judicial practice is not good.Chapter 4 introduces three problems existing in the civil procuratorial public interest litigation system of personal information protection,that is,the starting conditions of litigation procedure are not clear,the supply of specific applicable rules is insufficient,and the supporting system is not perfect.These problems all restrict the operation of the civil procuratorial public interest litigation system of personal information protection.Chapter 5 is to improve the personal information protection civil procuratorial public interest litigation system,problem-oriented,by clarifying the starting conditions of procedures,strengthening the supply of specific applicable rules,and building supporting systems,so as to get through the personal information protection civil procuratorial public interest litigation system in the operation of the blocking point.