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The Establishment And Undertake Of Network Tort Liability

Posted on:2013-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y LeiFull Text:PDF
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Network has gradually become part of contemporary public life, and even thenetwork is already changing our way of life. But while living in a convenient networkalso produced a lot of negative impact. I face the changing times, the law is alwaysfacing backward awkward position, trying to keep up with technology law, and theresult is always technology has taken the lead, which is almost an eternal law. Nowthe network has become a tort can not be ignored social and legal issues. Networkthrough the network in tort is a civil rights and against the interests of others behavior.In this paper, while the introduction of the new "Tort Liability Act," Article36of thethree terms of analysis, and the victim have been violated rights and tort liability ofnetwork commitment. We should see,"Tort Liability Act," Article36although thereare imperfections, but as a general requirement for the network infringement,thirty-six great significance of legislative and judicial significance.The first chapter discusses the basic concepts of network infringement. Networkthrough the network in tort is a civil rights and against the interests of others behavior.Infringement to meet the traditional elements of tort on the basis of the general formalso has its own unique characteristics. Network dissemination of information hasmany unique features which makes its own network of infringement has many aspectsdifferent from the traditional tort. Since China and the vast majority of countries donot implement NRS, which makes the dissemination of information with the networkcharacteristics of anonymity. At the same time, real-time information updates Webpage are not subject to time and space constraints, which have made the network hasmany new features infringement. Network forms of violations can be summed up asthe image:"There is no theft of stolen goods,""ubiquitous spy,""invisible blackhand."Chapter2discusses the "Tort Liability Act,"236-related thinking."Tort Liability Act," Article36to regulate the infringement has important legislative significance.Thirty-six provides direct accountability and indirect accountability. For networkservice providers bear tort liability rules drew on notification and removed. However,"Tort Liability Act," Article36also generated considerable controversy. The mainproblem is that this model legislation would not harm the grass-roots class citizens,especially freedom of speech. Because the network has significantly reduced the costof issuing their inner voice, to some extent, the network realized the true freedom ofspeech. So the next article on related issues of freedom of speech, trying to figure outthe boundaries of free speech in the network. Tort liability in the network and thenexplore the criteria for the determination of infringement.Chapter three focus on discussing the constitutive requirements of the networktort. Network tort constituents including network tort, network tort damage the fact,the network tort behavior and damage the fact causal relationship between thesubjective tortfeasor, network fault.Chapter IV focuses on the network tort obligation and commitment. Networkconsists of tort liability to bear the direct responsibility of the commitment andindirect accountability. While here I have a quasi-total reflection on the information,that is, in disposing of their rights at the same time should do well to the necessaryduty of care to prevent violations of the rights of others. While indirect accountabilityas a new "Tort Liability Act," the new rules in the traditional tort of "infringer-areinfringed," the legal relationship between the binary join the network service provider.Some rules make the network service provider in the case of a conditionalcommitment to the corresponding responsibility. At the same time in order tofacilitate the infringement of their rights protected, easy to litigation, so should beused in legal action on the minimum standards.
Keywords/Search Tags:Network Tort, Network Tort Legislation, Constitutive Requirements, NetworkTort Liability
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