On The Tortious Liability Of The Internet Service Provider

In the wake of the continuous developments of the internet industry in thePeople’s Republic of China, vast internet users could enjoy the advantages broughtabout by the internet, however, they are also confronted with some tremendousdamages produced by the internet, namely infringement act on the internet. For mostof the internet users, when they enjoy the service of internet, they often become thepotential victims of the infringement cases on internet, such as, privacy infringement,reputation infringement, copyright infringement and property infringement. Most ofthe time, this kind of infringement act on internet is caused by some other individualinternet users, which infringe the legitimate rights and interests of the vast internetuses hardly. However, the reason that give rise to the happening of this kind ofinfringement act is not only just the individual of internet users, but also commingdown to the dominator of the internet world, namely internet service provider. Thenthe author will discuss and analyse some of the issues about the internet serviceprovider below.At first, the author will make a general overview of the internet service provider,which mainly contains the issues about the definition, characteristics andclassification of internet service provider. Only by clearly knowing and understandingthe right and basic definition and characteristics of the internet service provider canwe have the right analysis of the role and function played by the internet serviceprovider in the infringement case on internet. If we don’t have a basic knowledgeabout the internet service provider, in that case, letting the internet service provider beliable for the civial tortious liability to the victims of the infringement case on internetwill become a idle talk. Only if we make a classification of the internet serviceprovider in accordance with different principles can we recognize the tortious liabilityundertook by different internet service providersin the same kind of infringement caseon internet. In the second place, the author will make an analysis of the infringement act andits legal liability of the internet service provider and make an identification of theinfringement act of the internet service provider. This part mainly contains theemergence, type and the criterion of liability of the infringement act as well as theconstitutive requirement, along with the methods of bearing of the tortious liability.The emergence of the infringement act on internet is not baseless, its emergence mustaccompany some conditions and factors. After we know about the backgrounds of theinfringement case on internet, we could avoid the emergence of this kind ofinfringement act. Furthermore, in accordance with the different types of the internetservice provider, we could apply the different principles of piability to them when theinfringemrnt case incurs and make them be liable for different tortious liability, onlyby doing this can we achieve the real sense of justice and fairness and maximize thelegitimate rights and interests of the large number of internet users.Once more, the author will make a discussion of the modus of the internetservice provider. This part mainly contains the discussion of the tortious liabilitybeared by different internet service provider in different cases. Different internetservice provider are provided with different funvtions and different rights, as a reasonof that, they wii definitely be responsible for different obligation, therefore, we can’tkeep the same about the tortious liability beared by different internet service providerin different cases.The last but not the least, the author will make some suggestions aboutlegislation of the aspect of the tort law of the internet service provider. The authorhopes these suggestions could play a part in the improvement of the laws andregulations in this aspect in China, which could protect the legitimate rights andinterests of vast internet users.