Civil Consequences And Reflection On Information Management And Control Of We-Media Platform Service Provider

This paper mainly studies this legal issue: When publication and dissemination of network information from users is deleted or shielded by the We-Media platform service provider,or when network account is banned temporarily or permanently,the user can request that which civil ability We-Media platform service providers should take,infringement Or default? The discussion of this paper is about the main issues:In the first chapter,this paper defines the necessity to explore the legal problems.On the condition that information published and disseminated is deleted by no reason,users often think that their network freedom of speech has been violated.Therefore to clarify the legal issue in theory is very important---Does it really violate people's rights? This is not only related to the traditional civil rights theory in the application of cyberspace,but also relates to the deep understanding about Internet freedom.In the second chapter,based on the development situation of network in the Web2.0mode and public characteristics of We-Media platform etc,the second chapter systematacially introduces the legal basis of information management obligations produced by We-Media platform service provider,and such obligations may having the negative influence on network freedom users have,including paid post-deletion,error control,excessive control and any other anomie phenomenon.In the third chapter,focusing on the practice in the specific case,this paper makes an in-depth analysis that whether such information deletion is an infringement of people's rights: whether infringing their intellectual property rights,specifically refers to the publication right included in intellectual property right and information network spreading right;whether infringing consumer rights of users;whether infringing user's freedom of speech.Among them,this paper put emphasis on the analysis of the relationship between the information deletion and impaired basic rights of free speech,and concludes that the two do not been proved cause & effect.In the fourth chapter,the paper mainly discusses and analyzes the consequences of breach of contract.In judicial practice,there was once some users asked the court to make judge that network service provider's behavior constitutes a breach of contract for deleting posts or closing account,on the ground of user registration service agreement signed between the user and the network service provider.Based on this,this chapter focuses on the analysis and investigation about the relative relationship between We-Media platform service providers and the user,to explore the rationality of suing for a breach of contract,and the difficulties in the real situation of users in a similar case,including the legal effect of user registration agreement,the issue of whether the contract is free or not affects the liability for breach of contract,the issue of lacking of procedural obligation in contract.In the fifth chapter,based on the previous chapter,the paper further point out that the essence of the view above---that is,the user is the producer of information,and so he has the absolute dominance and monopoly over his information.In addition,this view means that the contract established between users and We-Media platform service provider will be applicable to the entire network system,and then come to the conclusion that those providers' behavior belongs to the tort.But in fact,as mentioned above,when we carefully study whether various types of infringement of the rights are established or not,we are unable to draw the appropriate conclusions according to the existing theories.In this regard,this chapter is about discussion and reflection behind the phenomenon.Mainly on the two main issues: First,network data is just a carrier,or the object in the right system? Second,when the user's information is illegally deleted by the We-Media platform service providers,what is the benefit being hurt?In the sixth chapter,through the analysis and discussion on of the civil consequences of the information management by We-Media platform service providers,this paper consider that users enjoy the interest of freedom of choice and the interest of order,these benefits need to be protected from the perspective of human and social development,but it's probably not very appropriate to identify them as rights,because the network information once produced by users,it will spread widely,the users can't control it absolutely.