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36 Analysis Of The Tort Liability Act Applies Explore

Posted on:2012-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2216330368982418Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the development of network technology, network infringement conflicts, in order to better protect the interests of right holders, but also to minimize the network industry, obstruct or influence, "Tort Liability Act" the thirty-sixth article of the network Tort The basic rules, how to understand and explain the basic rules of tort liability network to clarify the concept of the network in a variety of tort and boundaries, clear rules content and method of operation according to the network of sanctions violations, in order to better protection of civil rights Effectively promote the healthy development of network industries, is "Tort Liability Act" after the introduction of 36 all of concern.Based on the analysis of network infringement of the basic principles of the legislative background and legal basis, to make it a feasible target practice to equitable development of network technology, network information sharing and protecting the rights of victims as a starting point to analyze the "tort liability Law "Section 36 of the whole network of tort liability and 3, the contents of each, into their own responsibility "clause," notice "clause, "know" the terms of analysis, drawing on the foreign enactment of legislation and in particular of mature Rules based on the operability of online infringement and how to protect the operations of the study and discussion, proposed solutions for problems.This article is divided into four parts.The first part of the network through the infringement situation, our country, "Tort Liability Act " before the introduction of domestic and international network of infringement on the provisions of the "Tort Liability Act" the legislative process in terms of public tort liability for the network view of legislative analysis, research "Tort Law "Article 36 Liability provisions of the network the legislative background, and in the legislative background, based on the concepts of network infringement and unique characteristics of explanation, the need to first of all from the legislative point of view that" Tort Liability Act "The meaning of Article 36 established.The second part is the focus of this article, that article 36 a whole and separately for each of the assessment, in this part, the author through data collection, a variety of views of thinking and analysis, every detail from the Department of Network terms of tort liability to grasp, for the fourth part of the "difficulties and solutions for" good solid bedding.The third part is "Tort Liability Act" the legal basis of article 36 of the analysis, the network tort liability is to learn from some of the legal theory of common law, such as a safe haven principles of indirect infringement theory, so. This part is a proper understanding of Article 36 protection.The fourth part is the focus of discussion is "Tort Liability Act" Tort Liability Article 36 in the application of the network will be the problems and solutions. As mentioned above, as "Tort Law" Article 36 the provisions of tort liability on the network is only a matter of principle, therefore, the application of interoperability is not strong, the fourth part by asking questions, analyzing and solving problems Ideas on issues related to infringement on the details of the network operator specific recommendations to realize the network of rights and the protection of the industry.
Keywords/Search Tags:Tort, Tort Liability, on-line user, online infringement, Related Liability
PDF Full Text Request
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