个人信息保护检察公益诉讼制度研究

Research on the Legal System of Procuratorial Public Interest Litigation for Personal Information Protection

摘要: 由于个人信息被违规收集、披露、滥用等大规模侵害事件屡见不鲜，为了防止此类侵害社会公共利益的违法犯罪行为持续发生，国家在法律层面确立了个人信息保护检察公益诉讼制度。该制度自推行以来取得了一定成效，但也面临着诸如检察机关依赖单一线索来源、调查取证不够有力和检察机关承担过重的证明责任等实际问题。因此，有必要通过多元化线索获取途径、加强检察权力在调查取证方面的权威性、以及在控辩双方之间平衡举证责任等措施，来进一步完善该制度。

Abstract: Due to the frequent occurrence of large-scale infringement incidents such as illegal collection, disclosure and abuse of personal information, the state has established a public interest litigation system for the protection of personal information at the legal level in order to prevent such illegal and criminal acts that infringe on the public interest of society. The system has achieved certain results since its implementation, but it also faces practical problems such as the reliance of the procuratorial organ on a single source of clues, the lack of investigation and evidence collection, and the excessive burden of certification by the procuratorial organ. Therefore, it is necessary to further improve the system through measures such as diversifying access to clues, strengthening the authority of procuratorial power in investigation and evidence collection, and balancing the burden of proof between the prosecution and the defense.