Research On The Optimization Of Burden In Personal Information Infringement

Today,with the rapid development of the Internet,network-based emerging enterprises and products are booming,and all kinds of network companies based on mobile apps and search engine are emerging.The Internet has brought many conveniences to citizens and higher economic development.The development of Internet,big data and algorithm technology has promoted the great progress of science,technology and social economy,but also changed the form,scope of application and use of personal information.The digitized information is widely collected,stored and disseminated through various information technology equipment,resulting in infringing personal information from time to time.The legal protection of personal information needs to be improved with the joint efforts of various legal systems.China’s civil code,personal information protection law and other legal systems are important legal systems to protect citizens’ personal information.When personal information rights and interests are violated,the effective protection of personal information rights and interests depends on the basic means of civil judicial relief.However,the protection of the rights and interests of the subject of personal information in China’s civil judicial practice is not optimistic,and the general rules of the distribution of the burden of proof do not adapt to the litigation of personal information infringement is the most important reason.The distribution of the burden of proof in personal information infringement cases is related to the effective maintenance of personal information rights and interests and the value balance of data freedom.According to the distribution principle of the burden of proof of general infringement,the infringement of personal information can not be effectively controlled.On the basis of combing the relevant theories,laws and regulations of the burden of proof of personal information infringement,drawing on the existing research results and foreign experience,and using the methods of judicial judgment data research,comparative analysis and value research,this thesis makes a serious study on the burden of proof of personal information infringement,and gives targeted optimization opinions according to the current reality of China’s development.For example,it is applicable to introduce the obligation of case clarification,invert the burden of proof of causality,reduce the standard of proof of damage,and improve the top-level design of the system.Thus,the litigation status of all parties to the dispute is more equal,a scientific and reasonable distribution scheme of the burden of proof is formed,and personal information is effectively protected,so as to realize the fairness and justice of the trial process of personal information infringement cases.