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Comment on Civil Compensation Dispute of the Country’s First QQ Suicide Pact

Author: DingYiSu
Tutor: WangYuanMing
School: Hunan University
Course: Legal
Keywords: Suicide pact case with QQ Internet Service Provider InstantMessaging Service Tort Fault Liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 27
Quote: 0
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Abstract

The rapid development of the Internet, gives the majority of Internet users great convenience, it also brings a lot of new legal issues, which has posed a severe challenge to existing legal system in China. Network service providers of tort liability problem are one of them. Due to the current law does not infringing on the network service provider clearly defined responsibilities in China. The judges make decisions only from the basic principles of traditional law and the spirit. However, only with the basic principle of the traditional law and spirit to judge the case is far from enough, this way can make the decision of the court lack of consistency, resulted in the same case in different courts get different judgment; Network service provider will not make the right expected from the legal risks of its practitioners; And also was disadvantageous to the network users and the protection of the legal rights and interests relevance oblige.Network service providers for dissemination of information provide carrier and platform, which are the Internet generation, the existence and the development of the necessary participants. It can be said that the network service provider to the health development is an important guarantee for the healthy development of the Internet. Therefore, the service behavior of network service provider shall bear the nature and made to define the obligations, determine the network service provider responsibility principle of tort liability and components, clear network service providers in tort cases to the responsibility from the law, which directly related to the interests of the network service providers, to the legitimate rights and interests of the right holder, to the legitimate rights and interests of the network users, to the healthy development of the entire Internet.China’s Internet development starting late, some developed countries such as the United States, Germany, they Internet development early, internet infringement cases happened more, on how to regulate Internet service provider tort liability has a in-depth research. Although our country and these countries in the legal system and legal system differences, but the basic common development of Internet decide we can still learn the legislative spirit and the beneficial experience in the Internet development process. Combined with the reality of our country national condition to develop and perfect our country’s network service provider’s tort liability law system, so as to promote the healthy development of China’s Internet.

Comment on Civil Compensation Dispute of the Country’s First QQ Suicide Pact

Abstract

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