Study On The Tort Liability Of Internet Service Provider

With the development of information technology, more and more people enjoy the convenience of the Internet. At the same time, the growing infringement under the network environment, relates to infringement of network users, the rights and obligations of the infringement of network users and network service providers and other parties subject. Because of the anonymity of the network, directly infringe difficult to determine the true rights holders to protect their rights, turned to a network service provider prosecution, making this multi-principal rights and obligations of the imbalance in danger. This article by analyzing network service by connotation and type, draw on domestic and foreign legislative and judicial practice, to explore the network service provider tort liability aspects of the the Imputation Principles and tort liability form to achieve the interests of this multi-body balance. For this reason, the text of this paper is divided into four parts analysis of the network service provider’s tort liability:The first part is an overview of the network service provider, the connotation and characteristics of the analysis of the connotation of the network service provider type, and network service providers to tort liability.The second part is the outside of the network service provider’s legislative practice and analysis. First, the analysis developed countries represented by the United States on the tort liability of network service providers, then outside the legislation of China’s legislative learn.The third part of the network service provider infringement Liability form exposition of the principles of tort liability. The Imputation Principle is the foundation and core of tort liability, tort liability of network service providers are no exception. Tort Liability discusses the network service provider, mainly discusses the causes of the Tort Liability Act, the provisions of the network service provider jointly and severally liable not constitute a joint tort, but based on public policy considerations.The fourth part of the tort liability of recommendations to improve our network service provider. The author puts forward recommendations on the type of network service providers classified,"Tort Liability Act," Article36notification rules and know the rules of defects and their Suggestions for Improvement. Finally, there is the separate development of Internet infringement legislation specifically recommended.