The Legal Analysis Of The Prosecution Of The Orchid Internet Bar By Guangdon ZhongKai Company

Information Internet Transmit Right is one of the obligee's most important rights, and it is defined as "the right to provide performance, audio or video by wireless or conventional wired means, which give the convenience of getting these products at selected time or place." The Orchid Internet Bar should take responsibility for its act as its behaviour has all the four basic elements of the act of tort:the illegal act, the detriment of the act, the causal relationship between the act and the act, and the subjective misconduct. The principle of fault liability is the doctrine of liability fixation of the tort of Information Internet Transmit Right. There are three kinds of the compensation for trot, they are:actual total loss, the benefit brought by the act, and the ration. In the case of the tort of the Orchid Internet Bar, the benefit brought by the act compensation is right way to calculate the loss, i.e. to calculate the benefit brought by the act according to the click rate of the film products. In the event of tort, the right one can be remedied through various channels, including personal assistance, administrative assistance and judicial relief. In the judicial relief) the obligee should focus on the determination of the defendant and the jurisdiction of the Court, evidence collection as well as the necessary for reconciliation, to strive for reconciliation to resolve the tort disputes. In China, the law of Information Internet Transmit Right is still insufficient, and can not fully meet the needs of practice rights. The author presents some recommendations based on recent actual situation related:Firstly, we must clearly define the content of Information Internet Transmit Right; secondly, specific provisions should be stated to define what kind of behaviour is considered as tort; and thirdly, categories of network services and their legal status should be clearly defined.