The Research On The Liability Of Internet Information Product

With the rapid development of information market, the serious damages which internet information product defects bring about ask us to study internet information product liability; the neoteric law and the modern law didn't deal with information product liability, which is a shortcoming.Researching into the elements required for the liability of internet information product and surveying the existing law, we face an urgent task: to establishing the legal frame of the liability of internet information product which can both embody Chinese characteristics and meet the international trend.Since internet information product differs from ordinary product, rights of information consumer and liabilities of operator are special. How to protect the rights of the parties in trade requires further study into the liability of internet information product.At Present, some achievements on the liability of internet information product have been done to the topic, but there still lies in blank. The paper focus on the following key points to analyze systematically and deeply the liability of internet information product. And it also probes into the establishment of basic theoretical framework to set up and mature the liability of internet information product system so as to contribute to the subject research.Firstly, the liability of internet information product in legal sense is not well defined. There is no integrate legal system of product liability in china. which brings obstacles to product rights of all parties in business trade .Secondly, further study is needed on some special problems involving the liability of internet information product, such as principle of imputation, the legal composition of liability , liability bearing, etc. Thirdly, it points out that the existing product liability law is not involved in internet information product. The paper suggests that the liability of internet information product cannot fit for the present law and its own suggestion.The logical mentality and article structure of this article are as follows:The first part is to define the product responsibility of the internet information including of definition, property, characteristic, main body and apply scope. The product responsibility of the Internet information is namely the producer, designer, manufacturer, dissemination provider of the Internet information, resulting in the others property, human body, spirit injure, should undertake indemnification responsibility toward the victim by law. On the property problem of the product responsibility of the Internet information, this text study whether the product responsibility of the Internet information is a contract responsibility, infringement responsibility and reliance responsibility.The contract relation is the main law relation in the product responsibility of the Internet information. But the information product responsibility also usually takes place in the situation of having no contract existence. On the Internet information product, the indetermination of information damage makes the infringement affirm very difficult. It violate directly not personal rights, property right etc. Because the trust is damaged, causing the loss of Human body benefits, property benefits. Analyzing the characteristic of Internet information product responsibility, the product responsibility of the Internet information takes place much in the market. The responsibility affirms more complicated, and the scope of damage wide, degree deep. The main body includes Internet information product executive, proprietor, manufacturer, design, creator of the product responsibility of the Internet information. The scope that the Internet information product responsibility applies mainly the network information which aims at an application.The second part elaborates the principle of imputation of the product responsibility of the Internet information and discharge of responsibility. In network time arrival today, adopting the strict responsibility regarding the vast Internet information product is not realistic. The fault responsibility principle is light for the manufacturer and sale on the responsibility, it increasing the difficulty for an information product consumer to offer proof , disadvantage in the protection of consumer rights. Synthesize imputation, namely the comprehensive apply of strict responsibility and fault responsibility still exist shortage, it is unfair for consumer and the manufacturer. The text adopts doctrine of presumptive.The third part analyze the legal composition of liability of the product responsibility of the Internet information. The legal composition of liability of the product responsibility of the Internet information includes four parts generally: Product flaw, harm fact , causal relation, person's subjective mistake. Information product flaw not only includes the inside quality of information product, but also includes the usage elucidation of information product and advertises publicity and after-sales service etc. Injure facts include property damage, Human body injury, the spirit injury .In the legal composition of liability of the product responsibility of the Internet information, causal relationship is refers to causes and being caused between the flaw of the Internet information product and victim's harm fact .This article adopt the principle of the equal cause and effect relation. In the product responsibility of the Internet information, Be applying a fault principle under circumstance just consider the fault.The four part inquiry into the undertake of the product responsibility of the Internet information. Explains with examples the damage compensate principle and the compensation volume computational method. If the Internet information product existence flaw result in the harms of other people property, the person, the information product responsibility main body must compensate to victim's completely loss. The consumer may request to pay indemnity for damages on the Internet information product flaw part according to the"Law of the People's Republic of China on Protecting Consumers' Rights and Interests". The product responsibility of the Internet information points direct property damage and Human body loss generally currently, the special details need to analyze specifically. In view of the fact that present our country has not specially stipulated on the Internet information product responsibility system, This article takes the example of the Legal liability undertaking resulting from false accounting information behavior on the stock market information discloses. It has vital significance regarding the responsibility recognized of the Internet information product. A information producer shall not be liable for compensation if he can prove the existence of any of the following circumstances: the information product has not been put in circulation; the defect causing the damage dose not exist at the time when the information product was put in circulation is incapable of defecting the defect.