The Study On The Issues Of Infringement In Cyberspace

With the rapid development of the technology of network and Internet, the basic social status has being changed deeply and infringement in cyberspace is getting more and more serious, which has hampered the progress of network economy.The opening and sharing Internet made the tort action in cyberspace has some special features, such as international, easy to conceal, technological methods, seriously destruction. Although infringements in cyberspace has trespassed the legal rights of civil subject seriously, the application of traditional laws are very difficult. Therefore, First, we must adjust the traditional law and cross-protect the new networkrights. At the same time, it is necessary to enact some new laws to perfect the basic network law system. Second, all the doctrines of liability fixation are fit to determine the network tort liability, Internet Service Providers are the chief tort-feasors of network torts, they can be divided into three types. Different type of ISP has different character of tort action, different tort liability, fit different doctrines of liability fixation. Control norm of network information has universal meaning to determine the tort liability of ISP , It is the right protection hinge to determine the tort liability of ISP properly.The most commonly and seriously infringement in cyberspace is copyright tort. Network is, adding some new objects of copyright, changing the system and structure of copyright, also bringing some new problems of determination to the copyright tort liability in. cyberspace. In order to adapt to the demands of Internet we muststrengthen the legal protection of copyright in cyberspace in all orientations. First,strengthening the legal copyright protection of "computer programs" andabolishing special law protection, adding new type objects of copyright incyberspace. Second, do more to perfect the copyright system and protection mechanism, adjust the 1 protecting model to personal right of copyright. Third,reconstruct the benefits balance mechanism of copyright protection in cyberspace byestablishing the "fair use" and the "statutory license" system. Forth, in order todetermine the tort liability of ISP properly, it is important to fit the principle of strictliability on determining the tort liability of Internet Content Provider and to quote the"contributory infringement " to determine the indirect tort liability of InternetAccess provider. Fifth, enacting the standard of compensation for damage reasonablyto perfect the judicial remedy system of copyright tort.The construction and development of the right of privacy relevance to the science and technology, Internet impacts the traditional law system. In the Internet time human personal information digitalized which can also be used to commercial purpose, tort-feasors of right of right of privacy torts are variety whom control the network information powerfully, and the delay of legislation on determining the tort liability of ISP, all these reasons made infringement on the right to privacy incyberspace has getting worse. So, at first we must determine the independent personal right status rapidly, and protect it directly. Second, enact "the Personal Data Protection Act" to determine the e tort liability of right of privacy torts. Third, at present, we can adopt both special protection and distract protection model to strengthen the protection to the right of privacy. Forth, we can also apply some necessary control to network and Internet, strengthen network and Internet macroscopic supervise.