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| Balance Between Transparent Judiciary and Privacy Protection in Judicial Reform |
| LI Shuang1, 2 |
Center for Jurisprudence Research, Jilin University;
Center for Collaborative Innovation of Judicial Civilization, Changchun, Jilin, 130012 |
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Abstract The value of the privacy right lies in keeping private life, private domain and personal information away from the public. And the privacy right cannot be guaranteed without personal secrecy. However,the right to know requires transparent judiciary. Otherwise, we cannot have access to information, let alone supervise judicial justice. Privacy right, in this view, collides with transparent judiciary. At present, it is not appropriate to guarantee privacy right at constitutional level. It is more reasonable to protect it in the field of private law. To balance the right to know and the privacy right, we need not only further perfect the institutional design based on transparent judiciary, but also take proper procedures and follow the principle of proportion.
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Received: 06 February 2015
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2015, Vol. 32 
