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The Allocation Of Prove Responsibility In Personal Informati On Civil Public Interest Litigation

Posted on:2024-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:P F LvFull Text:PDF
GTID:2556306941958309Subject:Law
Abstract/Summary:PDF Full Text Request
With the promulgation of the Personal Information Protection Law,a special law in the field of personal information protection,civil public interest lawsuits have repeatedly appeared in the public’s vision and often attracted widespread attention to the public’s public interest lawsuit.The clear and clear distribution of liability in China plays an important role in standardizing and guiding judicial practice activities.However,in the process of litigation of civil public interest lawsuits involving many personal information,how to allocate the liability for allocating proof has not formed scientific,unified,and perfect Conclusion,the discussion of the academic community also focuses on a certain aspect,and expresses his opinions.This article analyzes the characteristics of personal information civil public interest litigation,combined with the status quo of legislation and judicial practice,which clearly clearly proves the difficulty of the distribution of responsibility in such cases,including the different degree of difficulty of proof objects.The complexity of the behavior,the hidden hiddenness of the damage results,the complexity of the cause and effect relationship,and the predefining of faults cannot be simply applicable.The latter is that the three legal subjects have different evidence collection capabilities;then focus on these difficulties,use classification methods,and use analysis to prove proof of analysis.The degree of difficulty of proof and comparison between different subjects,combined with judicial practice and the views of relevant scholars and judicial staff,adopt the method of reducing the responsibility responsibility and the reduction of certification standards.The subject’s proof responsibility for different constituents,and evidence of typical cases related to personal information,and a relatively complete proof of responsibility distribution system,and at the same time,it is clearly displayed by thinking maps.
Keywords/Search Tags:Personal information, Civil public interest litigation, Burden of proof
PDF Full Text Request
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