Study On The Distribution Of Burden Of Proof In Personal Information Tort

With the further development of the Internet age,personal information right plays an important role in the current era.As a civil right,under the trend of social development exposing problems,which has gradually entered the field of vision of scholars since it was ignored at the beginning.In our country,the personal information rights of natural persons are lack of special legal protection.Once the infringement occurs,the principle liability for fault is basically adopted in the ordinary infringement cases,and then the burden of proof is allocated according to the way of "who claims,who will provide evidence",without the special provisions about imputation principle and allocating burden of proof.However,the tort of personal information itself is extremely complex,and there are some particularities,such as the unequal capacity of proof between the subject of infringement and the victim,the unequal status of litigation,and the difficulty of providing conclusive evidence.If we still follow the relevant legal provision of the Tort Liability Law,do not distinguish the tort of personal information from the general tort,blindly follow the traditional imputation principle and general distribution rules,which is no longer suitable for the actual situation of today's development.Therefore,we should deeply grasp the relevant design of the system and theory of the distribution of the burden of proof in personal information tort,refer to the foreign experience,and put forward the targeted scientific countermeasures according to the problems existing in the actual situation of our country.For example,according to the characteristics of the subject type,the principle of imputation fixation should be applied,and the special distribution mode of burden of proof should be adopted for the elements of causality,so as to make the litigation status of both parties equal,reasonably share the litigation risks and the interests between them,and ensure the fairness of our legal system.This paper is problem oriented,using a variety of research methods such as literature research,empirical analysis,comparative analysis to study the legal system design and theoretical basis of the distribution of the burden of proof of personalinformation tort in China.It also refers to the legislation and system construction of the burden of proof for the protection of personal information and its distribution in other representative countries and regions,as well as the possible enlightenment or reference significance for our country,deeply summarizes the experience,sums up the system design and evolution process of the distribution of the burden of proof for personal information in China,and analyzes the main problems,disadvantages and causes.Then put forward and demonstrate the corresponding suggestions for the existing problems,improve the current provisions in the field of distribution of the burden of proof in the field of personal information tort in China,in order to solve the problems of the burden of proof in the litigation of personal information tort,make up the legal loopholes,and build a reasonable distribution of the burden of proof to ensure the right of personal information.