Network Service Provider Is Not As Infringement Behavior Research

With the development of Internet technology and the increasing number of network users, more and more infringement cases are emerging. In view of the virtual platform features of the Internet, it is difficult to find the actual infringer. Thus, the internet service provider, as the intermediary between the victims and the infringer, becomes the object of prosecution. However, as for the internet service provider this is not a actively tort act. Where is the legal basis for the responsibility it should take? What is the affirmative duty it should fulfill? What are the nature and the elements of its responsibility? These issues constitute the main content of this paper. The following are the details.The first chapter describes concepts and classifications of the internet service provider. The definitions of network service provider vary from one scholar to another due to their different prospective. With the development of scientific technology and economic society, Types of internet services provider are also developing. So the classification of the network service provider is not the same. Based on the sorting of the previous theories, personal views on concepts and classification of network service providers are stated.The second chapter is the overview of tort by omission Describe the concept of tort by omission and its constitute elements. This chapter as a transition chapter plays a role in connecting the two chapters.The third chapter of this article focuses on the constituent elements of tort by omission to internet service provider and the nature of its liability. Based on<The Tort Liability Act36>,about Internet service provider constitute as an infringement and the nature of the jointly liability. As the last chapter, this chapter based on the statute and related rules, give the Internet service provider references of how to legally avoid the tort responsibility.Conclusion on this article, the writer describes the idea of writing this article and the place to continue to explore in the future. The writer hopes there is some opportunity to continue to research.