Whether the judgment belongs to personal privacy
It depends.
If infringement is involved, the court shall be immediately requested to cancel the judgment and stop the infringement. As the case may be, the parties may immediately sue for invasion of privacy. Because the court does not hear privacy cases in public, but hearing cases in public does not involve infringement.
People's Republic of China (PRC) Civil Code
Article 110 Personality rights of civil subjects Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 995 Where the right to personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this Law and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.
Can the contents of civil judgments be made public?
The law stipulates that the judgment of any case must be made public.
The Civil Procedure Law and the Criminal Procedure Law stipulate that cases involving state secrets, commercial secrets and personal privacy that can be tried in public according to law shall not be tried in public, and the evidence materials shall not be made public. But it does not involve sentencing.
According to the law, no matter what case is pronounced, it must be conducted in public. In other words, the content of the judgment is strictly in accordance with the procedural requirements, and any citizen has the opportunity to attend the judgment, that is, it is all open. As early as a few years ago, many local courts began to try out that citizens can read papers in the court archives department according to regulations. The main volume of general court files is accessible to citizens (all supplementary volumes are confidential), and only some documents involving state secrets, commercial secrets and personal privacy are not accessible, such as encrypted evidence materials. But all judgments can be referenced. At present, in view of the corruption in court trials, many people suggest that all court judgments should be "online" for reference, but the national courts have not fully implemented them, but courts in some developed places have publicly posted all judgments online. There is also the "Intellectual Property Judgment Document Network", where the judgments and rulings of intellectual property cases of courts all over the country are concentrated online.
Therefore, the content of the judgment is originally public and does not constitute infringement. There are only a few exceptions, such as:
In the case of rape of a young girl, according to the provisions on the protection of personal privacy, the victim's pseudonym should be used in the judgment, but the victim's real name is prohibited. However, due to the negligence of the court, the privacy of the parties was leaked, which was the fault of the court and caused privacy infringement. Knowing this situation, the infringer deliberately publicized the contents of the judgment everywhere, which is obviously malicious and constitutes infringement.
We can understand that whether the judgment involves privacy depends on the actual situation. Some cases are not tried in public, so natural judgment is a kind of privacy. I hope you can understand.