Study On The Civil Judicial Remedy Of Personal Information Infringement In China

In the introduction of this thesis,it is proposed that although the issuance of the Personal Information Protection Law has resolved some of the controversies in the civil judicial remedy for personal information infringement,some old controversies has remained and some new controversies has risen in the process of applying the Personal Information Protection Law and the Civil Code appropriately to the judicial practice,which need to be further resolved.In the thesis,the author will conduct an empirical study on the judicial adjudication of personal information infringement,specifically and comprehensively explore the challenges in the civil judicial remedy for personal information infringement and propose suggestions to improve the civil judicial remedy for personal information infringement by drawing on the relevant legislative experience in foreign and domestic jurisdictions.The first chapter summarizes the current situation and dilemma of civil judicial remedy for personal information infringement.The analysis of the status of civil legislation on personal information infringement shows that there is a controversy in the theoretical circles on how the newly issued Personal Information Protection Law should be connected and applied appropriately with the Civil Code.The correct connection and application of the two laws is conducive to better relief of personal information infringement and protection of personal information rights and interests of rights holders of personal information.Empirical studies of personal information infringement shows that that there are problems in judicial practice such as unclear definition of the concept of personal information rights and interests,inconsistent standards for the determination of the constituent elements of personal information infringement by the courts,difficulties in proving personal information owners and high costs of personal information infringement.The proper resolution of these problems is conducive to the owners of personal information to better protect their personal information rights and interests through judicial channels.The second chapter discusses the positioning of personal information rights and interests in civil law and analyzes and solves the problems summarized in the first chapter regarding the unclear definition of concepts related to personal information rights and interests,and the controversial application of the Personal Information Protection Law and the Civil Code.The discussion mainly includes how to determine the scope of protection of personal information in civil law when the Personal Information Protection Law and the Civil Code define personal information in different ways;whether personal information is a civil right or a civil interest;whether personal information is a separate personality interest or an interest with both personality and property legal attributes;when there are competing causes of action for personal information infringement cases,how should the owner of personal information choose the correct cause of action;what are the similarities and differences between personal information rights and privacy rights;how to apply the Personal Information Protection Law and the Civil Code to private information.The third chapter analyzes the personal information infringement liability system and explores the causes of the problem of different judgments in the same case and the difficulty of civil judicial remedy for personal information infringement caused by the different determination of the constitutive elements of personal information infringement by the court as summarized in the first chapter.The discussion mainly includes how to identify the subject of personal information infringement;how to identify the types of subjective fault;what are the bases of claims for personal information infringement by personal information processors and non-personal information processors;whether the result of damage includes the risk of future damage and the internal anxiety arising from the risk;what is the standard of proof of causality;what are the types of property damage compensation;which legal provision is the basis of the claim for moral damages;what are the types and functions of non-property damages.The fourth chapter puts forward suggestions for improvement in response to the dilemma of civil judicial remedies for personal information infringement summarized in Chapter 1.The recommendations mainly include the need to determine whether a certain information is personal information protected by law from the perspective of the infringer;to clarify the criteria for the determination of private information to prevent the phenomenon of mixing personal information rights and interests with privacy rights in judicial practice;to clarify the criteria for the determination of the constituent elements of personal information infringement;to improve the problem of difficulty in proving personal information infringement,it is suggested that the court,in the case of unknown aggrieved person,analogously apply the rules for the determination of throwing objects from a height;to improve the problem of high cost of personal information infringement,it is suggested that the court include reasonable expenses in the scope of damages,clarify the criteria for determining moral damages,and introduce a punitive damages system.The conclusion section summarizes the content and structure of this paper,corresponds the issues raised to the proposed refinements,and briefly explains the purpose and significance of applying the specific refinements.