Research Of "Malware" Legal Regulation Based On Law Of Torts

The "malware" (malicious software) is an emerging issue in the world of Internet in recent years. And the lack of management and the driving of bussiness benefit and the inattention of netizens (net citizen) make "malwares" spread more and more abroad with more and more varieties, and an increasing population of netizens is infringed by "malwares". "Malwares" have been one of the most severe threat in the world of Internet. The strategy of "malwares" legal regulations is a hotspot of law research recently.Firstly, this essay introduces the internal or overseas definitions about "malware" and analyses their disadvantages, and puts forward that these definitions can't distinguish the "malware" effectively so that it is difficult for the judiciary to admit them; then introduces the main strategies of "Malwares" legal regulations adopted by some countries or suggested by our country's lawyers, and concludes that these strategies are limitedly effective and unsuitable to protect and remedy the netizens' rights and interests through the analysis to the demerits of these strategies; analyses the hypostasis of "malware" infringement based on the summarized features of information dissemination by network, and proposes that the reason of "malware" infringement is just the conflict of rights for the expanded abilities of citizens' communication in Internet; enumerates and analyses the styles of "malware" infringement, including right to freedom of information, right of privacy, information ownership right and property right, and proposes the definition based on these reseaches that the "malware" is the general designation of the softwares that infringe upon citizens' legitimate rights and interests by intervening the right to freedom of information or infringing the right of privacy; discusses the differences between "malware" "acts" and "malware" infringement torts, suggests that we should determine the liability of the infringing party according to the acts of people causing the run of "malware" and the infringement rather than "malware""acts"; analyses the fault and causation of "malware" infringement using the theories of the law of torts, and maintains that it is certain that "malware" infringement be caused by someone's fault and the causation exist between the developers' acts of developing and spreading "malwares" and the infringement of citizens' legitimate rights and interests, and proposes that it should apply the principle of presumption of fault to determine the liability according to the need of "malware" infringement legal regulation; puts forward a new strategy of "malwares" legal regulations based on the law of torts, and increases four strategies of regulations to compose an integrated system of "malwares" legal regulations based on the law of torts.