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Civil Liability For Information Products

Posted on:2011-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:K Y FangFull Text:PDF
GTID:2166330332464230Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Information, as a bridge between people, from the development of human society has gone through several centuries. In today's information society, information has become a kind used for the exchange of a large number of flow of goods, has become an integral part of production and life of people. It not only promote scientific, cultural development, has affected all areas of society as a whole. However, due to its people's daily lives, coupled with its diverse, complex and specialized features, are easy to make numerous adverse consequences,Information products such as false, outdated, illegal people will bring all the personal or property damage. In this regard, users of information products to protect the legitimate rights and interests, information products industry protection, and civil law issues will be of great theoretical and practical significance, at home and abroad has become an important frontier issues.Whether information products can include product, and is applied the relevant provisions of product liability law, it will be a serious problem. Article to the concept of information product, features and information products, the nature of civil liability in mind, combining law, economics, Philosophy, and the relevant judicial practice and precedent, depth of information products and product distinction, confirmed Information products can not be incorporated into products category, and thus can not apply to product liability. Information products based on knowledge exists in the form and attach to certain carriers.Information products with the timing of the use of different nature, guidance, and easy to copy the low loss, transmission speed, affected a wide area, but dangerous, and so on. Civil liability for information products is different from the product liability tort liability,The imputation principle should be applied is conducive to protecting the interests of consumers would not impede the development of information industry's fault presumption. Civil liability in the information products the composition of elements, information products, mainly to be false irregularity, omission, outdated, and without lawful authority of these four cases. Its irregularity and the damage is the fact that the causal relationship between.Mainly reflected the timing, consistency, probability and rationality of four. Meanwhile, due to the special nature of information products, its special exemptions main physical medium for information products not sold, and information products, network address has not been announced, did not use other means to disseminate information products, users of improper means to obtain information products as well as users of information products improper use of the five cases. Which, through in-depth research on information products, information products infringing the state no laws will be improved its handling of infringement cases will be You sound full of theoretical basis for the future development of information products will have great contribution.
Keywords/Search Tags:Information products, Civil liabilityfor information products, Responsibility Principle, improper information, causal relationship, exemptions
PDF Full Text Request
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