A Research On The Imputation Principle Of Personal Information Infringement

The 1034 th provision of China’s Civil Code stipulates that the personal information of natural persons is protected by law.According to the civil code of China,personal information infringement,as a general tort,takes the principle of general fault liability,and adopts the traditional burden of proof of "who claims and who evidences".However,because of the special types of infringement and the single liability legislation contradiction,the complex environment of infringement and the disjunction of traditional proof mode,the judicial practice of the parties have a wide range of proof ability,tort relief is insufficient phenomenon.Scholars in the theoretical circle also think that the system of one-way liability for personal information infringement is unable to meet the needs of judicial practice,and began to advocate dualism or pluralism.It is an important task to establish a reasonable system of liability for tort liability.On the premise of learning and drawing lessons from the dual legislative ideas of different countries and regions,the basic law analysis,judicial practice,the balance of the internal value of the law order and the implementation of the common plain of civil law should be combined with the basic law analysis,judicial practice and order of our country On the basis of the legitimacy,the dual liability system is established,which takes the general fault liability as the basic principle and the principle of fault presumption as the exception.That is,according to the division of the main liability,the general fault liability principle is still applicable to the infringement of personal information of general natural persons,and other special subjects other than natural persons,such as large-scale network institutions or public service organizations,apply the principle of fault presumption liability.At the same time,we should flexibly distribute the burden of proof based on the principle of fairness,transfer the burden of burden by using the standard of probability,invert the burden of proof on the causal factors,reduce the burden of proof of the infringed,and make up for the deficiency of the mode of "who claims and who evidences".By using the principle of attribution and distributing the burden of proof to determine the legal consequences of the lawsuit,the interests and non interests between the infringer and the infringed person can be effectively and reasonably distributed,and the legitimate and legitimate personal information rights and interests of citizens can be protected,and the information security of citizens can be fully and effectively protected in the comprehensive application of three-dimensional.