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Objectification Of Internet Service Provider's Negligence

Posted on:2012-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
Internet infringement cases often become complex due to occurring in an open network environment. Therefore, it's difficult to define ISP's negligence. Confirming negligence is the premise of imputation. If this problem cannot be solved, it is hard for victims to obtain effective relieves. Currently, academic circle advocates objective fault standards. The core meaning of this standard is whether the actors are to undertake the duty of care or not. If not, we can define that it's actor's fault. This kind of negligence objectification is easier to manipulate and the actors can be more intuitive to judgment. Therefore, based on this theory, this article will help judicial and other practical departments judge network operation and service providers' fault much more scientifically throughout analyzing network operation and service providers' outward behaviors and setting up series of criterions to judge whether the network operation and service provider has fault. Meanwhile, during the process of setting up the judging criterions, this article also clue in China's present legal system to find out disadvantages so that the law system can do much better at supervising and binding effect.
Keywords/Search Tags:ISP's negligence, ISP's duty of care, objective fault standards
PDF Full Text Request
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