Internet Service Providers Of Tort Liability

With the rapid development of economy and technology, the Internet is becoming an important expression for ordinary citizens. The United Nations Committee officially called the Internet as the fourth media following the newspapers, magazines, television and broadcasting in the 1998 annual meeting. So internet plays an important role in social development and people's lives. But we should also see that as the network gradually penetrate into all aspects of life, and the corresponding network infringement cases continue to occur. Such as reputation infringement cases,"Hongyanjing"V."Dayuejin"case, and copyright dispute cases, seven record companies V. Baidu case. And in recent years, network infringement cases are increasing, and some network infringement cases brought serious social consequences.Because of the virtual and dispersion characteristics of the network, generally, network infringement subject is difficult to be confirmed, Even if the network infringement subject is clear, but because of regional, jurisdiction and so on various reasons, Compared with the traditional infringement, the cost is higher for the victim to pursue the Infringer's responsibility. In addition, network service providers has certain technical advantages and a strong capital, they are often tended to be as defendants by the victim. Thus, in the whole network infringement process, the network service provider, as the medium between network user and network, often gets into network infringement disputes. At present, China has not a special law about Internet service providers'infringement liability, on this issue, scholars have different viewpoints. Therefore, further studying and discussing this issue is very significant in theoretical and practical.China passed the"People's Republic of Tort Law"on December 26, 2009; this is the first specific legislation about tort liability. And the article 36 made relevant provisions about the responsibility of Internet service providers. However, the laws on the Internet service provider liability provisions is not perfect, such as the meaning of"knowing"is not clear, and did not establish"notice - Anti-notification mechanism". These fuzzy laws and not perfect"inform"program will not benefit to protect the owners' legitimate rights and interests. This will bring some troubling to judicial practice. Therefore, in my opinion, the tort liability law article 26 needs to be further perfected.This paper is divided into five parts. Chapter1 the key issue under discussion is raised, and proposed research ideas and research methods.Chapter 2"Internet service providers tort liability outline"analyzes the concept of Internet service providers, classification, characteristics and the responsibility of the bear, responsibility configurations, etc.Chapter 3"network tort imputation principle and componets"firstly analyzes the theoretical system of imputation principle, foreign Internet service providers imputation development process, and discusses the rationality of the imputation principle of fault liability, Secondly discusses the four constituents of Internet service provider responsibility, and analyzes the particularity of Internet service providers tort liability constitute comparing with the traditional infringement.Chapter 4"the tort liability and the limitation of liability of different Internet service providers"analyzes that, according to the function of the different Internet service providers, their responsibility is different. So the restrictions they accept are also different. In this chapter, I also analyze the"safe harbor rules"and"red flag standard", The two rules can be regarded as the limitation of liability of Internet service providers. This has certain reference significance for network tort liability legislation.Chapter 5"the suggestions about Internet service providers'tort liability legislative"analyzes Internet service providers'responsibility legislation in our country, and points out the main problems of legislation. By studying the evaluation of the tort liability law article 36, I give some suggestions about perfecting our country's Internet providers'service tort liability legislation.