Compared with the legal relationships constructed by traditional tort theories,the subjects,acts,and damage outcomes of big data infringement are more complex and variable.This complexity complicates the proof and judgment of causality,hindering the remedial function of tort law.Given the relatively weak ability of individuals to provide proof,and based on standards of technological dependency and risk control responsibility,along with the rules of factual presumption,it is advisable to adopt a reversed burden of proof in specific situations while continuing to apply the normative approach for allocating the burden of proof.
关键词
大数据侵权/因果关系/证明责任/判断标准
Key words
big data infringement/causality/burden of proof/evaluation criteria
维普
万方数据