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Abstract

Internet service providers can not be ignored the main network , and its commitment to tort liability to the extent of fault liability , has become a consensus. But the network service providers how to identify fault liability ? Liability protection which limits ? Currently inconclusive. In this paper, the network service provider tort liability changes, analyze the network service provider 's fault determination and accountability . The first part , by analyzing various network service providers classification , in discussing the network service provider liability in tort , it will be the type of service provider to provide access services , content services , platform services three categories. Provide different services network service providers, their tort liability recognized are different. International legislative trends indicate that network service providers in the network fault liability tort assume , is conducive to information dissemination and technical progress , has its necessity and rationality . The second part , combining traditional tort theory , the network service provider finds fault objective criteria should be taken . Breach of the duty of care network service providers , that there is no fault . Internet service providers in the provision of access services , content services , platform services for information control capabilities are different, should bear the duty of care is also different. The third part analyzes stop the infringement, eliminating the effects of apology, compensation for damages, bear the primary responsibility for infringement applies across the network particularity . Combined with legislative responsibility for network service providers to limit the trend analysis of network service providers statutory exemptions , the contract disclaimer , disclaimers limitations of liability , such as different ways of pros and cons. The fourth part of the analysis of the tort liability of Internet service providers legislative situation , combined with other legislation of countries and regions , on the Improvement of the relevant legislation to make clear the concept of network service providers , improve fault criteria , the network service provider for further limiting liability other recommendations on the relevant provisions of the tort Liability Act critical analysis .

Network service providers fault liability in tort Research

Abstract

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