On The Responsibility Of Network Service Providers In Network Infringement

Network has developed rapidly in recent years, it has grown to encompass social, cultu ral, entertainment, e-commerce and other multi-functional platform. Technology historians ev en proposed that the influence of Internet on human has gone beyond steam and electric rev olutions. Premier Li keqiang put forward the "Internet +" at the 12 session of the national people’s Congress meeting, President Xi jinping described the idea of building a global syst em of Internet governance at the second World Conference on Internet systems. At this poin t, the internet not only has permeated the daily lives of our people, but also risen as a na tional strategy. The subject of the network service provider is in the core position of th is strategy. Discussing the tort liability of Internet service providers under this big backgr ound is significant.At present, compared with foreign developed countries the relevant provisions in the tort liability of Internet service provider of our country is still not perfect, the network service provider is not divided, the views on the tort theory of network service provider in academic circles are discordant. In order to solve the problems above, this paper is divided into six parts to discuss. The first part of this paper tries to define the connotation of the network service provider, and comprehensively analyzes the reasonable points and the existing problems, then tries to define the connotation of the network service provider. The second part mainly discusses the Internet service provider’s tort, and the tort is the core component of the tort liability of actor. Therefore, to discuss the tort liability of Internet service providers, first of all, we must first clear the tort behavior of the network service providers. The third part mainly discusses the imputation principle of the tort liability of the Internet service provider. Specifically, the imputation principle of the network service provider is missing the imputation principle. The reason and rationality of taking fault liability as the imputation principle of network service provider are discussed in this part. The tort liability of Internet service provider is clearly stipulated in the thirty-sixth article of "tort liability law" in our country at the legal level, based on the analysis of the law, the reality of our country in the system is the principle of fault liability. For how to identify the fault responsibility of the network service provider, this part also carries on the correlation analysis and elaboration.In the fourth part, the tort liability forms of Internet service providers areanalyzed.Through the analysis of the constitutive requirements of the joint and several liability and joint liability in their own responsibility, supplementary liability, alternative liability, joint tort,it is concluded that the tort liability of Internet service providers is consistent with the responsibility in the common responsibility,This responsibility is essentially their own responsibility.The fifth part mainly discusses the limitation of the tort liability of Internet service provider. This part mainly elaborates the notice- delete principle and technology neutrality principle.By comparing the notice- delete principle with the safe harbor principle in the United States, it is concluded that the notice- delete principle is the imputation principle. The "notice" of he notice- delete principle should also satisfy certain conditions in the actual issue. Notice-delete principle also has certain limitation, and can not achieve the effect at the beginning of the system design in reality.In this part, the paper expounds the principle of technical neutrality by Nora infringement case. It is concluded that the principle of technical neutrality does not make the network service provider to be exempted from liability. The last part of the article try to put forward some countermeasures for the problems of domestic legislation of the tort liability of Internet service provider: strengthen industry self-discipline, improve the existing laws and regulations, improve the tort liability system, improve the relevant legislation, etc.This paper uses the method of comparative analysis, finishing the comparative analysis between domestic and foreign legislation in the field of tort liability of Internet service providers,analyzing the deficiency of domestic legislation, and through the use of foreign experience to improve the relevant legislation of our country. Through the method of legal interpretation, the legal provisions are explained,and it is proved that the imputation principle of tort liability of network service providers is the principle of fault.