Research On The Determination Of Liability For Personal Information Infringemen

The civil code of the People’s Republic of China has incorporated personal information into the protection system of the civil law.The personal information protection law issued in 2021 has further refined the rules of personal information protection.The perfection of the legislation reflects that China attaches great importance to the protection of personal information.However,the current legal norms pay more attention to the setting of rules on the rights and obligations of personal information,and rarely involve the discussion on the determination of tort liability,In judicial practice,there are also many problems to be solved when trying such cases.Therefore,it is necessary to study relevant cases,find problems and solve them pertinently,and build a comprehensive and perfect personal information protection system.In addition to the preface and conclusion,the main body of this paper has four chapters.The first chapter is an overview of personal information infringement.Firstly,it introduces the legislative development of personal information,and then clarifies the legal attributes of personal information,focusing on distinguishing the rights and interests of personal information.On this basis,it clarifies the concept,and combs the emerging characteristics of such cases and the protection of existing legal provisions.The second chapter analyzes the judicial practice cases of personal information infringement.Select the typical cases of personal information infringement in recent years,sort out the judicial judgments through the analysis of similar cases,discuss from the five dimensions of infringement subject,object,state,damage consequences and judgment results,and summarize the current situation of judicial judgments.The third chapter analyzes the problems in personal information infringement cases.By combing the relevant cases and combining the analysis of the current situation of the identification of personal information tort liability in the previous article,it is clear that there are problems in the identification of the subject,the identification of the object of infringement,the identification of infringement behavior,the application of the principle of imputation and damage compensation in the trial of personal information tort cases in the current judicial practice,and analyzes the causes of the problems.The fourth chapter is the conception of perfecting the cognizance system of personal information tort liability in China.By analyzing and studying the current situation of the identification of personal information tort liability at home and abroad,comparing the relevant laws and regulations in China and abroad,this paper attempts to build a reasonable scheme for the identification of personal information tort liability from the following aspects: reducing the identification standard of the subject,dynamically identifying the object of infringement,distinguishing the identification of infringement acts,establishing the principle of multiple imputation and hierarchically identifying the consequences of damage.