Network Service Providers Tort Liability

With the continue renew and develop of the computer and the network techniques, the Internet affects and changes the people's study and work and lives to a large extent, but the infringing act happened on the Internet troubles the people deeply at the same time. Study in the network infringing act the ISP provide the ministrant behavior property, definition the law liability that it should bear reasonablely, for solve the dispute between the party concerned and promote the development of the Internet have the very important meaning.To define the law liability of the ISP reasonablely, we should obey the provision of the existing law system and take consider of the application and development of the network technique, to protect the legal rights and to promote the normal healthy development of the network. The position and the function the Internet service provider play in the network infringement will decide the law liability that it bear.This text thinks that according to the dissimilarity of the service and the behavior patterns, making sure that it promises a load of duty and the different liability of the Internet service provider should bear .This text divide six part, the preface part makes a introduction of the meaning of the text and the way of the study; The first part makes the new define to the Internet service provider, classifying into following several kinds to the behavior of the Internet service provider: One is to provide the contents service; Two is to provide the chain to connect the service; Three is to provide the procedure service; Four is to provide the on-line service. The second part discusses the doctrine of liability fixation of the liability for tort on the internet, thinking that the Internet service provider should bear its infringement responsibility according to the fault responsibility principle. Measure the standard of the intention should base on the subjective standard. Mistake, is breach its duty of notice something. The duty of attention of the certain Internet service provider, should take into consideration of its control ability of the network information and carry out in the technique economic reasonably. The third part discussed the composing important item of the Internet service provider's infringement responsibility, insisting on the foundation of four important item's , discusses the detail of the Internet service provider's fault to affirm the rule; Four-part divided the detailed treatise to provide the...