Research On Tort Liability Of Network Service Providers

In recent years, Network tort cases has kept dribbling out. As baidu library case, youku and so on. As the Part of the network service provider’s responsibility is the key problem discussed. Responsibility for network service providers and network users is not only related to the interests of copyright owners, but also related to the development of the Internet industry. Copyright owners spent a lot of times on literature, film and other creative works, so it is important for them. Strengthen the protection on intellectual property will urge them create more new works, promote the development of economy and society and enrich people’s spiritual world. Therefore, the relevant legal system in-depth study of tort liability information network transmission process and put forward reasonable suggestions is very important.In the first part of this paper simply narrates the concept of network service, divided the tort liability into direct and indirect infringement and subdivide the indirect infringement. Analysis of direct infringement and indirect infringement elements and comparative the difference between them. The second part uses case analysis method analysis the tort liability of Internet service providers limitation. Make targeted analysis on exemption conditions Such us "Safe harbor principle""reasonable use""review service content". The third part studies the issues related to the institutional defect in the tortious liability of Internet service provider in china. In order to achieve the purpose of solving the problem through analysis of the problem. The fourth part has analyzed the overseas related tort law to provide experience and standard for the tort liability of Internet service providers.In this paper, research methods are about comparison, case analysis and the Law Hermeneutics. Contrasting theory research and practice of tort liability between domestic and external communication in the network to found out the problems and coping ways.The difficulty of this paper is the most research object is about the problem of network infringement at present, not subdivision the network service provider and determine the liability for tort. The innovation of this paper is using case analysis, comparative analysis method to analyze the hot case occurred at home and abroad and examinate the theory of network tort in China. Pay more attention to our country network tort legislation and cases, grasp the principles and problems and puts forward the solution.