Research On Civil Liability Of The Certification Authority

ISP, Internet Service Provider, is the subject which can not be ignored in internet infringement. It has become a consensus that ISP is charged with fault liability. But the certification standard of fault and the limitation of liability are still ambiguous. This thesis makes reference to the vicissitude of ISP's infringement liability and the particularity of Internet information, analysis how to determine the infringement as well as the responsibility of the ISP.Part one. This part mainly introduces the concept of ISP and classifies the ISP from the angle of technology and law. When discusses the responsibility of the ISP, it can be classified into three types: Internet access provider, Internet content provider, Internet platform provider. Different ISPs play different roles in infringement, and the responsibilities are distinct. The legislation trend of other countries and regions suggests that the ISP's being charged with fault liability is advantageous to technological progress and information transmission, it has its inevitability and rationality.Part two. Analyzed by the traditional theory, the ISP's responsibility for fault should adopt the objective criterion. The ISP is regarded as faulty when it violates the duty of care. The principle of fault liability is applied to ISP, whose liability for tort shall be determined by his supervisory liability on internet information.Part three. Here, I analyze the specialized application of main patterns of responsibility in the infringement of network. The patterns mainly include stopping violation, eliminating effect, apology and paying for the loss. Then, I analyze the advantages disadvantages of the patterns such as the legal reasons for exonerating, exemption clause and responsibility statement according to the trend of limitation the liabilities of ISP.Part four. By analyzing the current situation of legislation of the infringement liability of ISP and through the comparison with other countries and regions, the paper proposes that we should revise and perfect the relevant legislation to clear the concept of ISP, perfect the judging standard, and restrict the fault liabilities of ISP and so on, and then comment on the relevant clauses in Tort Law.