The Tort Liability Of Internet Intermediary Service Provider

The number of the Internet users is increasing quickly as a result of the convenience and low cost of Internet. Consequently, the tort on Internet is pilling up one after another. The Article 36 of the Tort Liability Law has not settled the controversy. This paper explains in detail the role and liability of the Internet intermediary service provider in tort law, according to the Digital Millennium Copyright Act of the United States and the Electronic Trading Instructions of the European Union. It focuses on the three imputation principles of the Internet intermediary service provider, namely the principles of strict liability, limitation of liability and reasonable attention. The first two attach too much importance to the interests of copyright owners and those of the Internet intermediary service provider respectively, while the principle of reasonable attention proposes a balanced relationship among all parties in the Internet communication, thus making it a good example of reasonable and effective imputation principle for our reference. The third part of this paper analyses the content and weakness of the Article 36 of the Tort Liability Law and gives suggestions:the Internet intermediary service provider should be classified; different types of tort on Internet should be regulated respectively; the range of those who can exercise their rights should be expanded; the clause of "counter-notification" should be added into law so as to balance the interests of different parties. In the end, this paper brings forward a new system-the sound IIP information examination mechanism and the establishment of IIP information disclosure obligations-in the hope of making some contribution to the development of China’s legal system.