Alleviation of the dilemma of determining the causality of personal information infringement——Taking the presumption of causality as the approach
You Yuan
Faculty of Law，Xiangtan University
Abstract： In personal information infringement cases, the victim is in a dilemma due to insufficient ability to prove causal relationship, high cost of proof, vague standard of proof, and complex infringement cases of several persons. The above-mentioned dilemma 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 probability 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.
Key words : personal information infringement; causality; presumption of causation; burden of proof
