Research On The Tort Liability Of Internet Service Provider

Today’s society has quietly entered the Internet era, modern technology brings convenience and enjoyment of life, and network behavior against the legitimate rights and interests of Internet users when events occur. Internet infringement become unavoidable topic. Internet users often as infringement of the main party was concerned, but because of their own Internet service provider that has a hidden, technical, professional and been ignored. To pursue scientific and effective network of infringement of the main tort liability, maximize the protection of the legitimate interests of rights owners, to create a healthy and orderly network environment, explore how to regulate Internet service providers tort liability is imperative.This chapter structure is divided into five parts:Introduction of this article describes some of the major purpose of the study to explore the research network service providers where the tort liability of practical significance. Through this area of domestic and foreign material to search systematically summarized this problem at home and abroad come to study the status quo, to discover the problem, and then straighten out the idea of this research, to find the appropriate research methods.First chapter an overview of the network service provider to be introduced, the author advocated the "extended" to grasp the scope of network service providers; comparative analysis according to different "body types" and distinguish between the different "services" held Internet service provider liability in tort two classifications, I think the latter are quite reasonable, so the claim should be based on the technical characteristics of the different services held network service providers tort liability. It is undeniable that held network service providers tort liability has a solid theoretical basis, the performance of operating income, respectively, consistent with the theory of risk, the results of control theory and the social damage costs of control theory.The second chapter in the network service provider identification of tort liability on this issue, the author, respectively, the network service provider and the principle of attribution of tort liability Elements of this issue to be explored. China’s foreign-related legislation and theorists on the network service providers are to be the principles of tort liability attributable to the different requirements, the actual choice of our legislation is the principle of fault liability, but did not distinguish between the different infringement "subject","functional" or "object" advocates the principle of differential attribution, the author of its theoretical basis behind doing detailed analysis. Meanwhile, the author advocates should distinguish between the different services on the network service provider to provide for elements of tort liability, this manifested in the offense is particularly evident on this element.The third Chapter presents the different functions of the network service provider’s commitment to tort liability. Main features a variety of services as the main entry point, respectively, access providers, content providers, application service providers, links service providers to assume responsibility for infringement to be analyzed.Finally, the fourth chapter of the comprehensive network of service providers tort liability legislative proposals. First of all, each network service provider from tort liability and the legal system,"Tort Law" elegant two related systems network service provider in China’s legal system inadequate tort liability. Second, for the problems identified and put forward practical suggestions for improvement.