Research On Legal Responsibility Of Network Service Provider 's Infringement

With the rapid development of information technology and information industryrevolution impact on traditional life gradually deepened, people enjoy the Internetbring convenience and joy, the all-embracing of network makes it into people’s livesand works in a short time, and has already become an indispensable part of people’slife. Such a “virtual” no centralized management, no borders cyberspace providedpeople with unprecedented place of speech and freedom of expression, but also forpeople’s communication, and even provides unprecedented convenience and fastmarket transactions. Fusion of real society and virtual society increasingly close, thenetwork has been deep into the national political and economic life and people’s dailylife in each domain, the Internet industry has become the world each country to facethe future emerging pillar industry to realize the new development, the new span.Due to the rapid popularization of Internet, the behavior of social realityvirtualization has become the trend of the times, but at the same time we must clearlyrecognize that the network is also a “double-edged sword”, driven by the interests andother factors, network tort, especially more and more network service providers tort,gradually become a new field of tort. The particularity of the network makes theimplementation of network infringement must be through the network serviceproviders to provide services for the media, and the openness of the network make theinfringer are difficult to determine. In order to balance the network service providerand the obligee, the network user the benefit of the three aspects, all countries in theworld to force Internet service providers to undertake corresponding legalresponsibility. And at present, our country about the network service providers tortlaw is not perfect, also the lack of corresponding professional research, policy, funds,etc.. Based on this, this paper aims to network service providers tort liability theoryanalysis, combining overseas for web services provides the rules of the tort liability,using the method of comparative analysis, put forward the suitable for the perfectionof our country’s network service providers tort liability.