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Case Study Of Personal Information Infringement

Posted on:2020-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:G T LiangFull Text:PDF
GTID:2416330578453677Subject:Law
Abstract/Summary:PDF Full Text Request
In people's daily lives,personal information is everywhere,signing a contract,using a mobile app,browsing a web page,haunting a place,etc.,all of which leave more or less personal information.In 2017,the right to personal information was established in the General Principles of Civil Law,providing a legal basis for the protection of personal information in civil law.However,in the judicial practice,there are still many problems in the protection of personal information: the existence of personal information is complex,the scope is broad and not easy to define,the infringement of personal information is diverse and difficult to identify,and the infringer has difficulty in proof in the litigation.The distribution of the burden of proof in the lawsuit is unreasonable.This paper mainly counts the relevant data of personal information infringement cases in the refereeing documents network,including the main types of the original defendant in the personal information infringement case,the civil case of the personal information infringement case,the trial procedure,and the tort liability commitment method,and List the specific analysis of 7 specific cases,combined with the theory,put forward the standardization of personal information identification,accurately identify the infringement of personal information,establish the principle of multiple infringement liability,rationally distribute the burden of proof,and establish personal information for the judicial practice of civil protection of personal information in China.Five suggestions for perfection of the infringement public interest litigation system.
Keywords/Search Tags:personal Information, personal Information Identification, burden of proof allocation
PDF Full Text Request
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