Personal Information Protection Criminal Incidental Civil Public Interest Litigation Review and Improvement:an Empirical Analysis Based on 157 Judgments
Personal Information Protection Criminal Incidental Civil Public Interest Litigation Review and Improvement:an Empirical Analysis Based on 157 Judgments
Personal information has both individual and social attributes in the digital age.And the field of protec-tion has shifted from individual control to collaborative social governance,with an urgent need to seek protection in public interest litigation in order to resolve structural dilemmas.Civil public interest litigation incidental to crimi-nal proceedings has unique substantive and procedural values that distinguish it from other public interest litiga-tion,and its importance in the procedural governance system is gradually increasing.Based on the micro-exami-nation of judicial big data,the relevant judicial practice is still faced with the problem of narrow scope of prosecu-tion subjects,single choice of litigation claims and unclear management of compensation funds and other specific norms.In order to optimize the system design,China should make efforts to broaden the scope of multi-level subjects,explore diversified types of claims,and improve the standardized fund management mechanism,so as to respond to the dilemma of personal information protection.
关键词
个人信息保护/刑事附带民事公益诉讼/起诉主体/诉讼请求/赔偿资金
Key words
protection of personal information/criminal incidental civil public interest litigation/subject of prose-cution/litigation demand/compensation funds
万方数据