The Study On Legal Regulation Of Blog Tort By Third-party

In recent years, Blog is widely available and popular all over the internet world. It has become a new way for people to express feeling and share information. However, at the same time, tort chaos also become mass, which has been brought into public focus. Of major concern is blog tort by third-party. Moreover, since our state law still can’t keep up with the rapid development of blog, the prominent problem of "easy to be attacked and difficult to claim" has already become more and more frequently, leading lots of victims choose to give up rights. Therefore, to study legal regulation of blog tort by third-party will play an impotant role in protecting people’s legitimate rights, as well as promoting the healthy development of blog. By useing the method of observation, case analysis and comparison, the article finds some realstic problems, and starts over from actual cases, then compares the domestic and foreign legislation. In addition, it analyzes the shortages of our legal regulation of blog tort by third-party, then puts forward a sound advice. Blog tort by third-party is a tort whose subject are blog users excepting bloggers and blog sites who didn’t fulfill their regulatory obligations. Blog users excepting bloggers include forwarders and hackers. Since this tort is characterized by subject widely distributed, uncertain consequences of damage and responsibility being difficult to be investigated, its four constitutive elements have exhibits different forms. Blog tort by third-party can be classified into blog tort by forwarders, blog tort by hackers and blog tort by blog sites who didn’t fulfill their regulatory obligations. Each subject shall bear corresponding liability. Our state law has no special regulations for blog tort by third-party, worse still, the existing relevant regulations are not specific enough. With the blog development changing quickly, we should take legal regulation for blog tort chaos, by defining the existing legal norms with judicial interpretation, adding the legal provisions of blog tort and hacker tort, improving the privacy protection system, and clearing the standard of tort compensation. Only in this way can we promote healthy and vigorous development of the new thing on the basis of protecting people’s rights.