民事裁判文书上网公开的边界问题探究——基于司法知情权与个人隐私权的冲突与平衡的考量

The Research of the Bound of Civil Judicial Adjudicative Documents Disclosed On-line: Based on the Conflict and Balance between the Right to Know and Personal Privacy

裁判文书公开是司法公开的核心,裁判文书上网公开又是目前裁判文书公开的重要形式。虽然裁判文书上网公开的普遍性和便捷性能满足公众对于司法知情权的需求,但不可避免在一定程度上会对相关人员的隐私权造成侵害。互联网的广泛应用为裁判文书公开提供了良好的载体,但也使得知情权与隐私权的碰撞更为激烈。通过比例原则和可分割性原则,对于涉及个人隐私的不同情况进行区别对待,并赋予当事人充分的程序保障权,以此对裁判文书上网公开中的知情权与隐私权的冲突予以平衡。

Making judicial adjudicative documents known to the public is the core of judicial opening up, and at present, on-line information disclosure is an important way to make public the documents. Although this method is widespread and convenient, and can guarantee the public＇ s right to know, it is inevitable to infringe personal privacy to a certain degree. The popularity of the Internet provides a good carrier for disclosing judicial adjudicative documents online, but also intensifies the conflict between the right to know and personal privacy. To dissolve the confrontation between the two rights, we Shall abide by proportionality principle and severability principle, treat personal privacy under different situation differently and endow the parties with sufficient right to guarantee due process.