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Study on the Tort Liability of Internet Service Provider

Author: ChenZuo
Tutor: WangYuanZhi
School: Shanxi University
Course: Civil and Commercial Law
Keywords: Network service providers Tort Liability Tort Liability Act
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 138
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Abstract


With the rapid development of Internet technology, the network has been involved in all areas of our lives. Extensive use of the Internet to change people's life and production, provides a great convenience to people's lives. But along come these favorable factors is the generation of a large number of network infringement cases. The special network infringement determine the implementation of network infringement must be provided by the network service provider service as a medium. The openness of the Internet, the real infringer is difficult to determine. Network users in order to balance the interests between the network service provider, countries are required to network service providers bear the corresponding legal responsibility. China's current legal norms on the tort liability of network service providers is still not complete. \\liability provisions. Object and tort liability for network service providers, intellectual property rights, personality rights and property rights, in other relevant provisions relates only to copyright, reputation, privacy and other network tort high incidence areas, still lack legislation the relevant provisions. The purpose of this research is the theory of tort liability of network service providers, combined with tort liability provisions of the network service provider abroad, the use of comparative law method proposed improvement program for tort liability for our network services provider. This article through the three parts of the introduction, body, conclusion tort liability of network service providers discussed. The research content of this paper is summarized as follows: in the introduction section details the purpose and significance of this research, some studies dynamic research content and research methods at home and abroad. The clear focus of this research, a brief overview of these content leads to the research content. Chapter infringing overview of the network service provider. The first part of this chapter on the definition of the network service provider, the type of analysis, clear the network service provider only in the objective conditions and facilitate network infringement, he is in indirect infringer status in the network infringement. The second part on analysis of the particularity of the network service provider particularity of network service providers infringement are essentially within the general tort rather than special tort, tort liability itself and the network service provider, and we must imputation principles and constituent elements for special regulation; third part the result of damage control theory, the social cost control theory and operating income and risk theory exposition, analysis of the legal basis for tort liability of network service providers, clear network service providers assume the tort liability principle. Chapter II infringement of the type of analysis for the network service provider. The first part introduced by the infringement of intellectual property, in-depth analysis of the \The second part by the introduction of the infringement of the right of personality, the status of the network service provider network infringement. The third part analyzes the status of virtual property rights object. Constitute Chapter tort liability for network service providers, through the constituent elements of responsibility principle, theoretical analysis, the natural state of the network service provider tort liability constitutes. Chapter tort liability system perfect for our network services provider. The first part through the legislative status quo of China's network service provider to analyze, draw legal norms of tort liability of Internet service providers in China is very comprehensive, its perfect necessity. The second part of an in-depth understanding of our tort liability system, the network service provider. The third part of the problem on the basis of our network services provider tort liability system perfect. I hope this article tort liability system analysis and improvement solutions for network service providers to provide theoretical support for the infringement of our network. The research concluding part of this article provides a brief summary of, and based on the openness of the Internet, the tort liability system, improve the network service provider based on several auxiliary programs to assist the common rules of network services by the infringement.

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CLC: > Political, legal > Legal > Chinese law > China and France
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