Research On The Minimum Compensation System Of Personal Information Micro Damage

With China’s public law includes personal information infringement into the scope of criminal regulation,but the threshold of criminal punishment is high.The private law establishes the legal status of personal information,but does not make special provisions on the personal information tort relief,and can only apply the general tort relief rules.As a result,the subject of personal information suffers damage due to personal information tort,and it is difficult for him to claim damages.This paper will analyze the status quo of personal information damage compensation in China,investigate the extraterritorial legislation of personal information damage compensation rules,analyze the necessity of establishing the minimum compensation system for personal information damage in China,and put forward suggestions on system construction.In addition to the introduction and conclusion,this paper consists of four parts:The first part mainly analyzes the current situation of personal information damage compensation from two aspects of practice and rules.The second part mainly explains the advanced experience of the personal information compensation rules outside the territory,and opens up the path to solve the problems existing in the personal information compensation in China.The third part mainly discusses the necessity of personal information rights and interests protection,the need to mobilize the enthusiasm of personal information subjects to claim for rights and interests,and the need to punish personal information infringement in private law.The fourth part mainly from the legislative ideas,the relationship between the minimum liability for compensation and other liability for damages,applicable conditions,the minimum amount of compensation,supporting reasons for exemption of liability in litigation procedures to protect the construction of the minimum compensation system for personal information damage.