Research On The Determination Of Tort Liability For Individual Information

The general provisions of civil law which is implemented in 2017 is the first time to put individual information under the protection system of civil law,reflecting that China has begun to attach importance to the protection of individual information in civil law.However,China's tort liability law does not clearly stipulate the tort liability of individual information,there is currently no law that specifically protects individual information from infringement,facing the lack of the legal system,there are many problems in the determination of individual information infringement liability in practice,this article considers that it is necessary to conduct in-depth research on the determination of individual information infringement liability and improve the relevant system.This article is divided into six parts,focusing on the identification of individual information infringement liability in China,and improving the relevant liability identification system.The first part is the introduction.It mainly elaborates the research background and significance of the identification of individual information infringement liability,literature review of domestic and foreign research,research methods of papers and innovations.The second part is an overview of individual information infringement.First,the connotation of individual information is defined,focusing on the content and right attributes of the right to personal information,the definition and characteristics of individual information infringement,at the same time,the relevant contents of the right to personal information and privacy were sorted out.The third part is the analysis of identification of individual information infringement liability.This section mainly researches the status quo of domestic and foreign personal information infringement liability determination.It introduces and analyzes the subject of personal information infringement liability,the principle of imputation,and the reasons for exemption of personal information infringement from overseas and in Hong Kong and Taiwan.The subject of tort liability,the constituent elements of tort liability,the principle of imputation and exemptions are systematically discussed.The fourth part is the case analysis of individual information and the problems in the determination of individual information infringement liability.By sorting out personal information infringement cases and combining the previous analysis of the status quo of personal information infringement liability determination,it sorts out the deficiencies in China's current personal information infringement determination,including the definition of relevant rights,the standards for the determination of tort liability,the principle of imputation,and the reasons for exemption.The fifth part is the conception of improving China's individual information tort liability determination system.This part starts from the aspects of clarifying the right of personal information and its content,unifying the standards for the determination of personal information infringement liability,determining the multiple principles of tort liability attribution,and clearly specifying the exemption from these aspects to improve China's individual information tort liability determination system.The sixth part is the conclusion.This section sorts out the viewpoints in the article,points out the importance of the determination of personal information infringement liability,and highlights several measures to improve China's individual information infringement liability determination system.