Information Network Transmission Right Tort Liability Identified

The rapid development of the Internet, making the Internet has become a trend. According to relevant surveys, the great majority of Internet users through the Internet to obtain information related to demand, while the economic benefits of the network can not be ignored. Development of the Internet, "information technology to stimulate industrialization" has become the world consensus. U.S., EU and other network information industry of the older countries have accumulated a wealth of legislative and judicial experience.But with the rapid development of information networks industry, the new networking features and a new business model has introduced the new situations and new problems emerging, the administration of justice in our country is facing ongoing challenges. It is in such a case, I chose the "network service provider identification of tort liability" as a master's thesis.This consists of a network environment, the starting of copyright disputes, the right of communication and information networks for information dissemination network behavior analysis to better determine the Internet Service Provider infringing nature, identify the network service provider tort liability. First, the case raises the right of communication of the information network concept, characteristics, nature and other aspects related discussion, come to our right to network dissemination of information using the current provisions of the international community and the mainstream definition of international practice, that is, "communication to the public rights "defined in a way, summed up the right to network dissemination of information carrier of the unique nature of the rights of the compound, the communication process with the integration of other media and violations of real-time four characteristics; Second, network service providers for infringement of the form has defined the country that "tort" in the tort system provides a common service provider entirely adequate to regulate the behavior of those who provide such services; third, the information network to determine the communication behavior were related discussion, that to determine whether an act belongs to network dissemination of information, the key to whether the act is "interactive", active, peer behavior; introduced the right to network dissemination of information to determine the criteria that determine the right to network dissemination of information should be used for server standards; fourth, For network service providers to determine fault for the relevant standards and described. By comparison of the relevant laws and regulations, more comprehensive, detailed on the "Tort Liability Act" infringing on the network service provider's fault shape analysis, that network service providers form the fault is not only intentional tort including negligence, determine whether the fault of the perpetrator subjective, depending on the perpetrator adverse consequences could or should have foreseen, and foreseen the extent and scope of this requires the perpetrator's ability to conduct the circumstances, the professional actors consideration of a comprehensive attempt to judicial practice can be a reference to determine relevant; Fifth, the rational use of network communication and network services provider exonerations were related discussion; Finally, the obtained conclusion of the article referenced in the case analysis.