Network Tort Liability Morphological Study

This paper includes five parts. The first chapter is about basic theory of tort liability on network. Here, I'll expound on the common concept, characteristics, structure, imputation principle and exemptions of tort liability on network, then put forward my own understanding on its concept and its special way of torts. Among them, the structure and imputation principle are the focal points. Accordingly, come up with the basis of exemptions. The second chapter discusses the joint liability of torts on network. First, sketch the concept, characteristics and circumstances of the joint liability of torts on network; Second, summarize the regulations of the joint liability of torts on network of the United States, Britain, Germany and Japan, and the significance borrowing ideas from them; Third, analyze our regulations of the joint liability of torts on network and scholars'legislative suggestions. The coming chapter studies on three aspects: the concept, the characteristics and the circumstances undertake the due obligations of the unreal joint liability of torts on network; sketches out relating regulations of other countries and the means for our reference. In the fourth chapter, there is a analysis on different views of scholars about vicarious liability of network; there are summaries of characteristics, ways undertake the due obligations of it; there is a expatiation and comparison about the relating regulations of the Common Law System and the Civil Law System. The final chapter compares three form of tort liability on network: real and unreal joint liability and vicarious liability, then come up with the legal sense. And, points out the shortcomings of our tort law, puts forward the significance drawing into the unreal joint liability and vicarious liability in our legislation.