Discourse The Status And Responsibility Of Internet Intermediary Service Providers On The Tort Law

Infringement is the key to the network communication process, so communication links is the important part in the network infringement. Network service providers as intermediate links in the exchange of network information and plays a essential role in the transmission of information.This paper describes the United States, European Union and Japan in the intermediary services on the network's responsibility and status violations, and the internet intermediary services in China are on the liability for such comparison. Intermediary services that the network should infringement in accordance with its identification information in legal ability and the ability to control the technical distinction in tort to assume different responsibilities. This article focuses on types of network service providers and search the platform for service providers to service providers in different responsibility model. Platform for service providers because of their service features, they can make clear legal judgments to the infringement information, and technically can be realized in the prior review of information, it should take the initiative to review more stringent obligations; and search service providers because of its technical features is the automatic matching, automatic filtering, automatic feedback, therefore the control and filtering of information is weak, should not require prior review of its commitment to the obligations. From the types of the violations of rights, in the copyright infringement, the network intermediary services are based on ability to judge the information is weak, they have no conditions to assume strict liabilityt; and in the infringement of personality rights, you should require strict review responsibility on the network intermediary service providers.