Theory Of "safe Haven" Rules And Perfect Of Our Country

The "safe harbor" rule is a limitation of liability of network service provider’s rules, the relevant legislation of our country also be provided, but our legislative consideration can be seen on the "safe harbor" rules apply to the provisions of the law is too general,they should be refined; to judge the subjective state of the network service provider "should know" and "knowingly" element is not yet unified in practice and it should be likely to affect the subjective state of judgment, so it should to be comprehensive analysis;"notice delete" program not been standardized, what the provisions should be,what the qualified notice should be and the effectiveness of the failure notification and so on should be covered into the "safe harbor" rules. Full text is focused on these elements, the text is divided into three parts: The first part outlined the formation process and the basic content of the "safe harbor" rules; second part first analysis our current law provisions of the "safe harbor" rules.followed by two typical cases that the "safe harbor" rules of judicial practice applicable; the third part is on improving China’s "safe harbor" rules of the feasibility of the proposal, the network service provider in the application of the object will specific refinement, clear classification in the application of the "safe harbor" rule should be specific services provided, and not to be general requirement; on the judgment of the subjective state of combination of the "Red Flag standard and network service providers to have the technology into the judgment within the fight for a more objective judgment of their subjective state; the application of the "notice delete program", of what defines a qualified notice and the legal effect of the failure notice and without notice, the previous analysis and demonstration, and then come to the network service providers want to make better use of the "safe harbor" rules of the "umbrella" to bear some of the obligations.