Study On Tort Liability Of Internet Service Provider

The fast development of internet technology offers expediency for information communication. Meanwhile, it causes the inundation of internet infringement. Users often accuse the internet Service Providers(ISP) to clain their civil rights. ISP, as the main body for information content service and management platform service, is the nucleus of the development and popularization of internet. The infringement actions of ISP can be found all round and they consist of the invasion for copyright, trademark right, privacy right and reputation right. If no legal measures were taken to prevent those infringement actions of ISP action, the legal interest of the users would not be protected and negative influence on social environment would be brought about.So, the research on the infringement action of ISP is of great actual significance.From the late nineties, China's lawmakers to network service providers to give some attention to violations, and make a number of legislative attempts. To the start of this century, with the increase of network events, network diversity violations ofnetwork service providers to significantly improve the legislative violations of theincreasingly important and urgent. From the network service provider concept, the concept of defining clearly the basis of the relevant legislation of our country were reviewed and summarized the recent China Internet service provider on the legislative outcome---"tortliabilitytort liability Law",analyzed the relevant provisions.Inadequate legislation in that same time, good legislation specifically absorb the experience of the past and the experience of mature foreign legislation proposed on the basis of some of their views and opinions.