Research On Several Issues Concerning Infringement Act On The Internet

With the popularization of the network, It provided us with a great convenience and enrich our lives, but also brought us with some new problems. When we are enjoyed the convenience of the network, we always worried about whether our personal privacy will be leaked. We can be said that the network as "a double-edged sword," the improperly use of it will lead to the injure of both the "individual and society ". With the development of the network, the infringement in cyberspace emerged in endlessly. From "a Steamed massacre" to "Pornographic" incident, and to the "Hebei HIV Women" event, we can see that the danger of infringement in cyberspace can not be ignored. Because of the characteristics of the network, the infringement act in cyberspace raised a new challenges to the traditional infringement field. For example, the infringement act in cyberspace are often so concealed to be found, often it is too difficult for the victims to proved that who is the infringer. There is arising of new rights in the network, such as virtual property rights, domain names and so on. Those issues which mentioned earlier, resulted to the subject of this article.This thesis will divided four parts to expound these Problems. The first section outlines:network problem, the concept of the infringing act, the network to network of the infringing act out of the characteristics of the concept of "in the internet environment, the network path in the implementation of the infringe upon other's legitimate rights and civil law shall bear corresponding liability behavior", and network is characterized by the infringement of copyright infringement elusive, convenience, with serious consequences, etc. The second part is to carefully analyze the network of the infringing act, although many reasons why the present network of the infringing act, but there are mainly incentive network technology itself, the network of tort is low risk rate, and network of ethics for four. the third part:detailed summary of this type of network of the infringing act, this is not at home and abroad to study the summary above, therefore, from the common type of the other, intellectual property rights and property rights angle in arguments,Major combined with the more influential network of infringement act, analyzing the network of the infringing act of a kind of specific forms. highlights of the network of the privacy should be expanded, and analyze "" the search of, and cookies until may involve the use of others privacy, the proposal to"the tax-free",at the same time,emphasized the power of the domain, A domain name of the same should be protected, where the malicious use others as the domain name in the copyright infringement and, without the permission to work the same digital processing shall be regarded as infringing copy. the final analysis, from the property, in a network of property rights in the field should be expanded, a virtual property equally to the protection of the law, the virtual property rights infringement is also a kind of tort. The fourth part, to briefly elaborate on the network of the infringing act, the principle of the principles for the type of offence should be divided into the no-fault principle of responsibility and duty and responsibility of the principle of equitable principles of tort ;and network should take the responsibility of the principles to blame, For network users and network service provider on the responsibility to take on different requirements, looking as possible and reasonable discretion to the attention of the obligations it will not to spoil, it do to remedy the situation in time to prevent the obligations.