摘要
Abstract
In personal information infringement cases,the victim is in a dilemma due to insufficient ability to prove causal rela-tionship,high cost of proof,vague standard of proof,and complex infringement cases of several persons.The above-mentioned di-lemma of judicial recognition is not unrelated to the theoretical controversy of causality,and the theory of conditionality,analogy,and equivalent causation all have theoretical defects and value limitations.Based on the theoretical support of the criterion of prob-ability and the practical needs of resolving disputes over personal information infringement,the theory of presumption of causation has the feasibility and necessity of application.In terms of rule optimization,the plaintiff needs to bear the formal burden of proof for causality,and the degree of proof reaches a general level or above;The defendant needs to prove that the causal relationship does not exist and that the burden of proof reaches a high degree of certainty before it can deny tort liability.关键词
个人信息侵权/因果关系/推定因果关系/证明责任Key words
personal information infringement/causality/presumption of causation/burden of proof分类
社会科学
