The Research Of Internet Service Providers’ Legal Obligations

The Internet information dissemination process is the key to network infringement, so governing network tort should be from the links of the Internet information transmission. Internet service providers, as the intermediate links of the spread and exchange of the network information, plays a vital role in the information transfer. Because of the Internet users use ISP by the Internet service providers to infringe upon civil rights and interests of the obligee, accordingly ISP should bear certain tort obligations in tort Law field.Clearing the connotation of the ISP is the premise to study on Internet service providers’ legal obligation. According to laws and regulations and academic study, the concept of ISP should be understood from narrow sense, included the space providers to storage network information, network tools software providers and network search or link service providers.And the theoretical bases of the ISP bearing the legal obligations are results of damage control theory,equilibrium theory of benefit and risk,control theory of social cost.Followed by introducing the United States, the European Union and Britain, Germany and other EU member states to Internet service providers’legal obligations and disclaimers, and compared with the regulation of our country about the Internet service providers’ legal obligation, find out the current Internet service providers’ legal obligations system existing problems and the insufficiency in our country. And focus on introducing the measures for perfecting the Internet service providers’ legal obligation system.Considering that the Internet service providers should not undertake the obligation to review in advance, because will not be able to undertake in technology,it does not undertake on foreign experience,it don’t rule the Internet service provider’s prior review obligation in law. Given the comprehensiveness of tort liability law in protecting rights and interests, the Internet service providers’ legal obligations should be unified in the tort liability law judicial interpretation, and clearly determine the obligation of related systems, such as regulate effective notice requirements, introduce the notification system and the voucher system, to balance the patentee between the Internet service providers, Internet users, the interests,end to promote the harmonious development of the Internet society progress.