The dilemma of legal application and the cracking path of the lawsuit of infringement damages of personal financial information

Abstract

In the era of digital economy, the infringement of personal financial information is characterized by technical concealment and damage complexity. Traditional legal rules have a structural disconnection between the identification of litigation objects, the distribution of proof burden and the coordination of procedures. This paper puts forward the framework of "scenario theory" and "behavior center theory" as the cracking path: first, to unify the litigation target with "information processing behavior", allow dynamic supplement to the basis of claim and tort remedy; second, construct the scenario-risk scenario, and refine the step fault presumption and solve the dilemma of causality, establish the cross-department "one-stop" data retrieval platform to break up the judicial supervision barriers. It is suggested to quantify compensation standards through judicial interpretation, strengthen compliance audit obligations of financial institutions, build a three-one rule system of "flexible proof-behavior responsibility-collaborative governance", balance financial innovation and protection of rights and interests, and provide legal guarantee for the development of digital economy.