Study On The Tort Liability Of Internet Service Provider

This article defines the meaning and the nature of Internet Service Provider, a clear infringement in the network of its role. Through the analysis of relevant legislation on foreign, especially in the DMCA "safe harbor" rules, that established the need for limitation of liability and theoretical significance of Internet Service Provider. With Internet Service Provider legislative status of tort liability, tort liability attributable to its form of legislative options and make a reasonable assessment, and "Tort Liability Act" in the specific application of the limitation of liability issues in-depth thinking.Legislators in determining tort liability Internet Service Provider should be taken into account the interests of stakeholders, and by adjusting Internet Service Provider's duty of care to achieve a reasonable balance of interests between each other. If you make Internet Service Provider bear the heavy responsibility of the development is not conducive to the Internet, but if not its responsibility to make a specific request or require too loose network of users and interested third parties with whom the interests of the can not be guaranteed. Therefore, Internet Service Provider should bear the duty of reasonable beneficial interests of network users and the third relief, while taking into account its own development.The innovation of text in the following ways: First, from the perspective of empirical analysis of Internet Service Provider for specific types of tort liability division, including intellectual property infringement, infringement of personality rights, property rights infringement and tort claims; second, with different point of view for most domestic scholars, this paper according to the "behavior" Legislation in the rationality of the existence; third attempt to promote the healthy development of the networking industry the legal rights and protection of the right to find the right balance between the proposed to determine the Internet Service Provider "the known" standard.