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The Study On Tort Responsibility Of Internet Service Provider

Posted on:2008-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2166360212981469Subject:Civil and Commercial Law
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Internet Service Provider is playing important role, decides or not healthy operation of internet and develops in the internet world. Intermediary agent who is the internet and cybernaut, Internet Service Provider often is caught in the tort dispute. Our country's study about tort responsibility of Internet Service Provider what is few, and going deep into the significance discussing is very important in the areas of theory and practice.This article focus on principle of tort responsibility. Principle of tort responsibility is a main issue in the system of tort responsibility. Firstly, the service that Internet Service Provider provides is different, the object infringing upon is neither identical, but our country should adopt unified principle of tort responsibility. Secondly, our country delict imputation system is that responsibility gives first place to fault, there is no fault responsibility is subsidiary, the Internet Service Provider delict principle but should adopt fault only responsibility principle. The difficulty proving finally, responsibility principle that our country adopts is the peculiar fault deducing. Tort responsibility formation includes illegal behavior, rights and interests is damaged, causal relationship between the illegal behavior and damage fact and subjectivity mounts existence fault.Tort responsibility counterargument and tort responsibility imputation are different, are the tort responsibility analysing Internet Service Provider from tier of face denying. Tort responsibility counterargument and tort responsibility immunization are different, during the period of the counterargument studying Internet Service Provider tort responsibility's, we should study that if it have the monitorary duty or in which level. At the same time, ought to use American system for reference, providing the various function serving now and then what be had counterargument condition combining with and the current situation that our country internet develops , analytical concrete Internet Service Provider.Now available legislation of our country chaos , legislation arrangement of ideas are extremely lower to Internet Service Provider regulation. This advanced legislation being partial to article thinking that our country ought to absorb the foreign country andpractice,and has brought forward a little suggestion on legislation...
Keywords/Search Tags:Internet Service Provider, Principle of tort responsibility, Tort responsibility counterargumen
PDF Full Text Request
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