On The Tort Of Network Service Providers And Tort Liabilities

The deep influence of network on our social lives brings about the occurrence ofnetwork tortuous act. How to solve questions about such network tort by means oftraditional theory of tort becomes a new subject. Although tort of network providers isdifferent from general act of tort with some of its characteristics, they are the same innature. They are both acts committed by civil subject. The mere difference betweenthem is the method, with which network service providers commit torts. So thenetwork tort cannot be regulated according to traditional tort theories or with noconsideration of the relationship between network tort and traditional tort, we shallformulate innovative regulations by considering the characteristics of network tortacted by network service providers to comply with the development of networkindustry. Article36of Tort Liability Law stipulates the tort liability of network tortfrom the point of special subject. Clause1of Article36provides the direct tortliability of network tort, and Clause2and Clause3provide respectively that networkproviders shall bear joint tort liability under two circumstances, the network providersfail to take necessary measures after receipt of the notice or after getting aware that anetwork subscriber is using network services to commit a tort. This article refers tosolve some controversial questions about network tort. By clarifying the contents ofnetwork tort, the author of this paper tries to analyze its characteristics, behaviors, liabilities of network tort within the existing traditional tort liabilities theory to get ageneral knowledge of Article36of Tort Liability Law. Obviously, Article36is notdetailed enough to solve questions about tort liabilities practically, and it’s like aninstruction or announcement to some extent. Network torts are handled in differentways due to people’s different understanding of this article and the antinomy betweenlegal interpretation, laws and regulations. It is necessary to improve the existinglegislation of our country by referring to legislations of other countries on the base oflegislative custom. Under the framework of Tort Liability Law, we shall formulate aseparate law, together with additional laws, to handle the questions about network tortliabilities. We shall also set up legal system of network tort liabilities of networkproviders by linking the general law and special laws, general provisions and specialprovisions in order to adapt the rapid development of network industry and protectpeople’s lawful rights and interests.