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Network Service Provider Tort Liability Study

Posted on:2012-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
GTID:2216330368494867Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of information technology and the deepening impact of information industry revolution on traditional life, internet has developed deep into many realms such as political, economic and daily life. The internet industry has turned into a new pillar industry of realizing new development and transcendence. With the rapid popularization of internet, virtualization of realistic behavior has become a general trend. Driven by profit and other factors, internet infringement behavior, especially the infringement behavior of internet service provides has occurred more frequently, gradually become a ream which infringement behavior exists excessively. At present, foreign countries (especially US States and EU) have formed relatively mature and advanced legislation system and processing mechanism after long-term practical and theoretical exploration. In contrast, the relevant law research of China lagged obvious. In deed, there exists practical factor that the internet industry of China starts relatively late. Whereas, the objective reasons that short of professional researcher, fund investment, supporting law should not be ignored.The main framework of this study is three chapters. In the first chapter, the author tries to analyze the types of infringement behavior and the infringement characteristics of Chinese internet service providers, based on the review of typical cases of home and abroad as well as the obvious definition and classification of internet service providers. In the second chapter, form the perspective of the obligation of internet service providers, the author focus on analyzing the attribution principles and constructing elements of infringement behavior of internet service providers. In the third chapter, the author firstly analyzes the legislation situation of infringement responsibilities of internet service providers in China. Further, through the comparison with the legislation process of advanced representative countries such as America, Britain and German, the author makes some recommendations on how to improve the relevant legislations of infringement behavior of internet service providers in China as well as construct the legislative system fitting with the characteristics of Socialist legal systems.
Keywords/Search Tags:internet service provider, infringement responsibility, attribution principle
PDF Full Text Request
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