个人信息保护民事公益诉讼损害赔偿规则适用研究OA北大核心CHSSCDCSSCI

In the practice of civil public interest litigation for personal information protection,there are problems such as the overly homogenous of calculating damages,the confusion in the application of damages and confiscation of unlawful proceeds,and the unclear attitude towards the application of punitive damages.The traditional"theory of difference"of damages has its limitations,and the method of calculating damages based on unlawful proceeds is not universal.With the goal of restoring the integrity of the public interest,the scope of damages should include economic interests and the interests of order,real interests and future interests,but not the individual losses of civil subjects.The application of punitive damages is justified,but its relationship with criminal and administrative liability should be handled properly.The"dynamic system theory"should be introduced as a theoretical tool to reasonably calculate the amount of damages by taking into account the subjective state of the aggressor,the specific circumstances,the impact of the consequences,the amount of profit,the reasonable expenses of restoring public order,and the economic and living conditions of the aggressor;The amount of fines and punitive damages should be balanced,and the relationship between confiscation of the unlawful proceeds and the damages should be clarified;In addition,the management of compensation for damages should be strengthened,so as to ensure that it is used to fill in the damage to the public interest related to the protection of personal infor-mation.