The Research Of The Tort Liability Of Internet Service Provider

With highly developed network of social change in our real lives,various real world imbalance has gradually spread to various uncoordinated to the network. Human flesh search of privacy violations, network abuse the spirit of violence on individuals, "sharing the spirit of a violation of copyright violations……more and more of the rights of others, the Internet spreads indiscriminately. People will naturally look to invest in the network service provider-a key factor in promoting the development of the Internet. However, all network service providers need to bear the same tort liability, or to distinguish different network service providers What are the different tort liability; are applicable no-fault liability, or responsibility for wrongs; is to simply protect the legitimate interests of rights holdersThe heavier the responsibility of Internet service providers, or the balance of equal protection? This paper discusses the different network service providers bear the responsibility of different types. In a comprehensive assessment of "Tort Liability Act " on the basis of Article 36, combined with foreign legislative practice, the existing type of network service providers, and then explore the different network service provider's position in the civil tort, commitment The scope and limitations of liability. Refine and improve the network of 36 service providers on the responsibility of the expression and the infringement on human rights in the maintenance of their own should be noted that a number of procedural issues, suggested that "the temporary ban " the relevant content to the institutional arrangements, To solve the existing laws are infringing the rights of the unrestricted exercise of the situation. Coordination of the law a reasonable balance between the interests of both, the rational and healthy development of the Internet make their own piece of advice.