On The Distribution Of Burden Of Proof Of Personal Information Infringement

The rapid development of information technology in contemporary society has led to the increasing scope of information disclosure,and the concealment of personal information has led to the infringement is not easy to be detected by the subject of infringement,but once there is information infringement,the interests of the damage is huge,so we think that personal information infringement belongs to a special infringement.In the case of personal information infringement,there are many different opinions in the academic circle and judicial practice on how to know and reasonably apply the principle of inversion of burden of proof.Because how to assign the burden of proof to the original defendant is closely related to the judgment result of the case,it is necessary to fully and reasonably understand the nature of the inversion of the burden of proof.Only in this way can it be applied correctly.This article first through the court to "lin" and "pang" a case of different decision leads to argument,that the court cases of infringement of the burden of proof applicable way for personal information is not completely consistent,"lin case" in the trial court is "who advocate who proof" of the general rules of burden of proof,and "pang" a case of the trial court to use "onus probandi inversion" complementary principle,is not only the court,about whether the personal information infringement crimes applicable onus probandi inversion also has a lot of controversy,there is the burden of proof upside down affirmation and negation said two scholars.Then,from the perspective of the nature of personal information infringement cases,judge whether it is a special infringement,and further proof can be applied to the burden of proof inverted way of proof.Next,in the application of onus probandi inversion analysis out,there will be some difficulties in the process of the current personal information infringement cases got inspired by the burden of proof allocation,think to adhere to the combination of general and special,adhere to the principle of fairness,adhere to the value of the various consideration.