Research On The Liability Of Network Personal Information Infringement In China

China has stepped on the information age train.As an important part of information,personal information is collected,processed and utilized on a large scale,and the personality interests and property interests of the subject of personal information rights it carries are vulnerable to infringement in the context of network big data.in the era of network big data,the commercial value of personal information is increasingly prominent,many illegal businesses,individuals and even state organs are likely to be the subject of infringement of network personal information,so the protection of personal information,especially network personal information,is extremely urgent.The logic of this paper is mainly based on the fact that China is currently in the state of seriously lagging behind the social development of legal provisions,and the increasing number of online personal information infringement cases in practice.it is necessary to carry out comprehensive protection of China's personal information,especially the reasonable improvement of the network personal information tort liability system,because no relief is no right,no responsibility is no remedy,clear relevant responsibility of the infringer to effectively protect the rights of the right holder of personal information,Based on our country at present has no special network personal information protection legislation,the provisions of the personal information of network tort liability is only spread in the civil law,criminal law and other relevant laws,therefore this article mainly from the perspective of civil law,the improving Suggestions personal information network tort liability in our country.In order to better protect the rights of the subject of personal information in China and to provide theoretical advice for the future development of China's special law.Based on our country at present is in a state of law seriously lags behind the social development,it is necessary for our country's personal information to be comprehensively protected,especially for reasonable perfect network information system of tort liability,because no remedies,no rights,no responsibilities,no benefits,we need to clear the responsibilities of the infringers,Due to the nature of personal information and its distribution in relevant laws,it is appropriate to put forward Suggestions on the tort liability of network personal information from the perspective of civil law.In order to better protect the rights of the subject of personal information rights in China and to provide theoretical Suggestions for China to formulate special laws in the future.The first part of this article,Firstly,mainly introduces the particularity of network personal information infringement,including the characteristics and harms of network personal information infringement.And combing the current legal system of tort liability for online personal information in China,including relevant provisions of criminal law,administrative law and civil law.At the same time combined with the reality of the network personal information infringement typical cases to clarify our network personal information tort liability in judicial practice.The second part,mainly explains the problems of personal information network tort liability,first of all personal information network tort liability imputation principle is introduced,including the European Union,Germany,Japan and our country,the relevant provisions of the second,this paper introduces the components of tort liability,the network personal information and personal information network tort liability exemption reason of our country.The third part is the introduction of the liability bearing mode of online personal information infringement,including the introduction of the liability bearing mode of European Union,Germany,Japan,the United States and other countries or regions,and the explanation of the liability mode of China's online personal information infringement.The fourth part is the innovation of this article,Firstly,Mainly on the basis of the above,analyzes our country network personal information infringement liability in the practical level and the deficiency of the legal level,the lack of practical level mainly includes,citizen's right protection consciousness weak,appear "different connection with the sentence" phenomenon,damage to the judicial authority,does not pay attention to mental damage compensation,etc.,main show is the deficiency of the legal level,imputation principle provision of incomplete,uneven distribution of burden of proof,does not pay attention to make amends responsibility and liability of compensation for mental injury.On the lack of the previous targeted improvement,first of all,balance the rights of network personal information protection and promote the free flow of information,including civil rights protection awareness,implement diversification and its liability principles of onus probandi inversion in order to balance the interests of the parties,overcome the benefit main body status of the differences between,to protect the rights of network information,and secondly,to safeguard free circulation of personal information,including the establishment of the purpose of the personal information protection law is to protect the rights of network information,promote the orderly circulation of personal information.Finally,improve the network personal information tort liability,mainly including improving the application rate of apology liability and pay attention to the compensation for mental damage liability and detailed compensation amount.