Study On The Tort Liability Of Internet Service Provider

With the rapid development of Internet technology, the network has been involved in all areas of our lives. Extensive use of the Internet has changed people's lives and provided a great convenience for our people. But along with these favorable factors are a large number of network tort cases productions. The special nature of network infringement decided that the internet service provider must provide services as a medium. Internet openness, making real the infringer is difficult to determine. In order to balance the internet user and ISP's profit, all of the countries required that ISP bear the legal responsibility. However, our internet service provider tort liability of legal norms is still not perfect. "Tort Liability Act," only mentions the principle of tort liability provisions. Before "Tort Liability Act", we just apply "Copyright Law", judicial interpretations and other department rules. China is still lack of systematic violations of internet service provider's responsibility requirements. ISP tort liability is not only for property rights, but also for personal rights and property rights. Our current laws were only about copyright. Privacy infringement and other network relatively high incidence areas, still lack legislation the relevant provisions.Purpose of this study is to perfect law of the tort liability of internet service provider.In the introduction, detailing the purpose, content and research methods of this study.Chapter one is the overview on the tort liability of internet service providers. This chapter contains the definition and type of the tort liability of internet service providers, the specificity the tort liability of internet service providers, and legal basis for the tort liability of internet service providers.Chapter two is about the type of the tort liability of internet service providers. The first part is through copyright to introduction "Tort Liability Act". The second part is about the ISP's position in the network infringement by the personality rights. The third part analyzes the right of the virtual object in the status of the property.Chapter three is for constitute of the tort liability of Internet service provider. Through the responsibility principle and the element of the tort liability of the Internet service provider, we can know the principle that it should be.Chapter four is about how to improve the law about the tort liability of Internet service provider. The first part is about the current legislation for the system tort liability of Internet service provider. The second part is about the problem of the tort liability of Internet service provider. The third part is about the improvement of the tort liability of Internet service provider.Conclusion part summarizes the content of this paper.