A Category Frame Of Liabilities And Liability Exemption Of Internet Service Provider

Internet Service Provider with the responsibility or without responsibility? The Internet bring the legal profession is a difficult issue. In response, many academics in china and abroad are discussed. Views is diversification, But there has not formed a clear, more authoritative system. From my point of view, the main reason is there has never been a classification that is systems and meaningful for legal.The first step of this paper will focus on the classification of Internet service provider. First, this paper explains the two concepts, ISP and ICP, is meaningless in the legal classification. Then, this paper research the role which Internet service provider plays in the Internet activities. Especially their ability in product and disseminate of information. In this standard, Internet service providers will be divided into five categories, namely Internet access providers, Internet information content providers, Internet information transmission service providers, Internet operators of goods and the third-party e-commerce Facilitator.On the basis of the classification, this paper discussed the two major Internet applications, e-commerce and information transmission, with each type of Internet service providers of legal property. This paper first discussed responsibility of Internet service provider in information transmission. From the principle of attribution to the legislation and justice in various countries, as well as Chinese legislation and justice. This section also highlighted that the P2P service providers and the special responsibility and the special rules should apply. This paper also discussed the responsibility of Internet service provider in e-commerce. Focus on the responsibility of Internet operators of goods and the special legal status and special responsibility of the third-party e-commerce Facilitator.