The Study On Legal Issues With Internet Computer Service Provider

With the constant development of computing and internet technology, normal dealings served by Internet Computer Service Provider take place one new form through internet dealing platform. However, frame of legislation and research on theoretical foundation relatively catch up with the development of internet. Hereby the way to well solve the problem in front of us is to learn developed management experience, exclude legislation vacuum on electronic business with some countries, and build up the scientific path for the development of internet dealings. This paper deeply researches the law issue on Internet Computer Service Provider by mainly analyzing law subject status, civil liability, civil responsibility of Internet Computer Service Provider and advising relevant suggestions on it.This paper totally comprise of five sections. This first section outlines Internet Computer Service Provider. The section simply analyze dealing through internet platform and then take the breakthrough with definition of Internet Computer Service Provider, making reader to know that Internet Computer Service Provider just only provide service in accordance with the agreement between the buyer and the seller, rather than really take part in the action involved with transaction of commodity and/or service. Based on the example of"Ebay", one famous electronic business website worldwide registered in US, it introduce us exact procedure of the transaction.This second section describes the subject status of Internet Computer Service Provider. This section mainly summarize three views of law status of Internet Computer Service Provider taken by current theoretical and practical area. After that, it explains respective views and gives the thought in the writer's opinion, namely normalize independently civil subject of Internet Computer Service Provider.The third section associates with civil obligation of Internet Computer Service Provider. The section respectively describes the civil obligation of Internet Computer Service Provider from two facets, obligation of agreement and obligation of legislation. For obligation of legislation, the writer analyzes heavily the relevantly accompanying regulations and differently affordable accompanying reliability under different circumstance, because the Internet Computer Service Provider affects closely with the accompanying obligation.The fourth section explores civil responsibility to the Internet Computer Service Provider. Through ordinary analysis of civil responsibility of subject, the writer analyzes two sides of whether or not to take responsibility to Internet Computer Service Provider and suggests feasible solutions.The fifth section drafts suggestions related to national legislation, including main problems associated with the Internet Computer Service Provider and solutions to a series of problems. Moreover, construction advices have been made upon solution to controversial ambiguity and form and perfection of administrative management of legislation.