Research On Legal Issues Of Civil Public Interest Litigation For Personal Information Prosecution

China’s Personal Information Protection Law,which came into force on November1,2021,has established a civil public interest litigation system for personal information prosecution.The establishment of the civil public interest litigation system of personal information procuratorial work provides a legal basis for the procuratorial organs to participate in the personal information protection activities.Procuratorial organs can protect personal information through civil public interest litigation,which can overcome the disadvantages of administrative supervision and criminal litigation to protect the public interests,and form an effective regulation on the phenomenon of large-scale personal information infringement.At the same time,the effective implementation of the personal information procuratorial civil public interest litigation system can safeguard the social public interests and save judicial resources to the greatest extent.However,at present,there are defects in the system and rules of the exercise of the right of investigation and evidence collection and the setting of pre-litigation procedures in China,and the lack of specific legal provisions on the damage compensation system.In view of this,this paper is mainly divided into three parts: introduction,text and conclusion,the body part is divided into five chapters,the specific content is as follows.The first chapter is the relevant theory of civil public interest litigation.This chapter first clarifies the concept and legal framework of civil personal information procuratorial public interest litigation,and secondly introduces the necessity and feasibility of civil public interest litigation by procuratorial organs,thus laying a theoretical foundation for the research in the following article.The second chapter is the empirical analysis of the civil public interest litigation.On the basis of careful reading and study of typical cases of personal information protection released by China Judicial Documents Network and the Supreme People’s Procuratorate,this chapter makes a statistical analysis of relevant cases.It mainly conducts statistical studies on the performance of the pre-litigation procedure,the type of liability of the infringement subject,and the attribution of damages in the judgment.The third chapter is to sort out the problems existing in the civil public interest litigation of personal information prosecution.By consulting relevant documents and cases,the problems existing in the civil public interest litigation system of personal information procuratorial work are sorted out in detail.It mainly includes the exercise of the right of collecting evidence by the procuratorial organs,the problems in the operation of the pre-litigation procedure and the problems existing in the damage compensation system.The fourth chapter is the enlightenment of the legislative experience to the civil public interest litigation system of personal information procuratorial in China.This chapter mainly sorts out the legislative situation and advanced experience of the civil public interest litigation system of the procuratorial work outside the region,and on this basis,combined with the actual situation of China,and learned from the system in line with China’s national conditions,so as to realize the purpose of improving the relevant legal system in China.Chapter five is a feasible path to apply procuratorial civil public interest litigation in the field of personal information protection.On the basis of fully combining China’s national conditions,this chapter,in view of the practical problems existing in the current personal information procuratorial civil public interest litigation system in China,puts forward suggestions for the improvement of the procuratorial civil public interest litigation system of personal information in China.It includes giving the procuratorial organs the right to investigate and collect evidence,optimizing the setting of pre-litigation procedure,and clarifying the management and applicable rules of the damage compensation system.