Study On The Legal Issues Of The Burden Of Proof Of Personal Information

Personal information rights of citizens refer to a vital civil right of natural person in the information age,which also consist of indispensable part of the social resources.In China,the special regulations of the law on protecting the right of personal information haven't been made.The choice of principle of liability of fixation and the undertaking of burden of proof can apply the general law of the tort liability act regulations,which can be deemed as a kind of independent tort to take the principle of fault liability and burden of proof.Compared with the traditional torts,the torts in modern society show more characteristics with diversification of infringement subjects.The regulations about personal information tort should not reference to the law of traditional tort imputation principles and the general standard about distribution of burden of proof "who claim,who quote" because there exists imbalances of evidences between infringement subjects and those whose personal messages are infringed.Therefore,the distribution pattern of the principle of imputation and burden of proof should differentiate from different types of torts based on China's actual situation and drawing lessons from foreign law.Personal information right torts involved in state organs and non-state organs can respectively apply the principle of no-fault liability and presumed fault liability.The burden of proof allocation rules setting determines the legal consequences of lawsuit to make the interests between the litigant and infringer effectively reasonable distribution,which is key to protect personal information rights and safeguard the suitor's legally legitimate interests.