On the determination of legislative facts in the infringement proceedings of personal information on the internet platforms
The determination of legislative facts depends on the provisions of the substantive law and acts on the whole process from the confirmation of the facts to the application of the law.The uncertainty of legisla-tive facts will result in difficult cases,which are especially prominent in the personal information infringe-ment cases on the internet platforms.The judicial practice shows that strict adherence to the legalism cannot solve the difficult cases while the consequentialism should be considered in the legal discovery and legal justi-fication of such cases.In the process of legal discovery,the determination of the core content of legislative facts is based on the interpretation of the substantive law,and the normative structure is appropriately adjusted considering factors such as the difficulty of proof.Thus,the tort,damage,causality,the plaintiff's claims with the fault evaluation jointly constituted of these three as the facts,and the defendant's defense with the fault evaluation impeding the facts altogether frame the structure of legislative facts.In the process of legal justifi-cation,the idea of legislative facts should be integrated into the argumentation of judicial judgment,and enough attention should be paid to the properly adjusted interpretation and reason with reference to the second-order justification with consequentialism and doctrine of coordination as the core.
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