Study On The Tort Liability Of Internet Service Provider

Internet Service Provider, who plays a very important role in the internet transfers, is the backbone of the on-line information transmission. The development of the internet includes lots of contents as well as the management and using manner of the Internet Service Provider. As a result, Internet Service Provider may bear legal responsibility in a broad range including criminal liability, civil liability which comprises tort liability and liability for breach of contract. The core question I would like to light on is the civil tort liability of Internet Service Provider.There are two kinds of tort liability of Internet Service Provider. One is Internet Service Provider issues information directly which infringes others'civil rights, another is indirect infringement that Internet Service Provider should bear joint liability with people who publish illegal information by the service of Internet Service Provider. It is no doubt that Internet Service Provider should bear corresponding liability according to the relevant law and regulation.However, it is still a problem that the Internet Service Provider supplying infrastructure neither makes any infringed information nor attaches itself directly to infringement should bear liability and bear what kind of liability. These problems are specifically discussed in the thesis. Through the study of infringement liability of the Internet Service Provider, it is thought that the general function of the Internet Service Provider is to provide channels, space and technology service for Netizens. If they do not infringe other rights on their own initiative, the Internet Service Provider should not bear liability for others'infringement. However, rights should be accordant with liabilities. The Internet Service Provider gets profits by providing information service, and they should bear responding liability at the same time. If the Internet Service Provider goes against their duty, they would bear infringement liability. Considered with the theory of civil law, requirement of industry development, technology and international legal environment, it is thought that the Internet Service Provider should have a loose legal liability system. Thus promotion network service industry development, balance the benefit between Internet Service Providers'and user's.