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On the Interpretation of Personal Information Tort Liability Rules ——Based on the Linkage Interpretation of Article 998 of the Civil Code

ZHANG Ruizhe;School of Humanity And Law,Hefei University of Technology;  
Article 69 of personal information protection law stipulates the basis of claim for personal information tort liability and the basis for determining the scope of damage compensation, but how to understand and apply this stipulation has become a majordificult problem in the academic circle.Under the influence of dynamic system theory, article 998 of the civil code establishes a flexible evaluation mechanism of legal effect.Based on the dual consideration of normative purpose and legal application relationship, it should be applied to the interpretation of personal information tort liability rules, but the mechanisms playing a role in the composition of tort liability and the scope of damage compensation are different.Specifically, in the field of tort liability composition, it mainly plays the role of assisting the judge's judgment under the framework of constitutive elements, and endows the judge with certain discretion.In the field of damage compensation, by acting as the factor of the sufficiency of the principle of judgment method, the judge's value measurement and demonstration obligation are strengthened, so that the evaluation results tend to be flexible and the case justice is realized.
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