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Internet Service Providers of Tort Liability

Author: LiDanDan
Tutor: QiHaiBin
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Internet Service Provider Network infringement Accountability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 65
Quote: 0
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Abstract

With the rapid development of economy and technology, the Internet has increasingly become an important means of expression for the average citizen. United Nations Committee meeting in mid-1998, the Internet officially known as the fourth-largest emerging development in the newspapers, magazines, radio and television, on the basis of media. It can be seen, the network as a platform of public opinion, the role of people's lives and social development can not be ignored. But we should also see that network infringement cases continue to occur as the network has gradually penetrated into all aspects of life, such as \and so on. In recent years, as a result of the network infringement litigation is growing, which bring serious harm to the rights and social network without borders, making this more far-reaching consequences of the damage impact. Because the virtual and dispersion characteristics of the network, the network subject to infringement often difficult to determine, and due to the geographical jurisdiction in all aspects, was investigated for the cost of the infringer often compared to the traditional tort infringer. In contrast, the network service provider has the infringer does not have the technical conditions and strong capital and, therefore, the rights of people usually will tort attributed to the network service provider. This shows that in the entire network in the infringement process, the network service providers as a network user and network intermediaries, are often caught in the infringement dispute. At present, China does not have a specialized laws and regulations on the tort liability of Internet service providers, scholars also assume their responsibilities quite controversial and, therefore, in-depth research and explore this issue has important theoretical and practical significance. China in 2009 by the People's Republic of China Tort Liability Act. Specifically and in detail the provisions of the law of the tort liability and the tort liability of network service providers is also provided. But the requirement is not perfect, such as the meaning of \judicial practice bring some trouble. I believe that these provisions should further improve. This paper is divided into five parts, the first part is an introduction, study urgency tort liability of Internet service providers described, and commanding the whole text proposed research ideas and methods. The second chapter \the theoretical system of the responsibility principle, foreign Internet service providers the course of development of the Principles of Responsibility, and discusses the rationality of our mining fault Liability principle, the next of the four constituent elements of the network service provider liability, and discusses the network the tort liability of service providers constitute a certain degree of particularity, compared with the traditional tort; specifically addressed in the Chapter of different network service providers tort liability and limitation of liability in accordance with the functions of different network service providers, should bear the responsibility be distinction, and the restrictions imposed in the network infringement is different. In this chapter, the author analyzes the \elaborated in chapters \responsibility to conduct a more detailed and strict rules, I have proposed a number of legislative proposals.

Internet Service Providers of Tort Liability

Abstract

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