On The Network Service Providers Tort Liability

With the development and progress of science and technology, network technology continues to bring forth the new through the old. The development of network technology, brings many legal disputes, which brought hidden trouble to the development of the society and the network industry, network technology. The network after the dispute, because the network is virtual, the victim is often difficult to find direct tortfeasor, how to accurately identify the network service provider shall assume the tort liability, become the core problem of network legal disputes in the. Our country "tort liability law" although the network tort liability provisions were made, but the legal properties such as network service provider subject position, in the network environment, behavior and the bear in the network environment, legal liability issues still need further research.Network tort, mainly refers to the network user, network service provider in the network, through the implementation of the network technology to infringe upon the rights and interests of behavior. Compared with the general tort, invisibility of the features of wide range, infringement of network tort has the intelligence and high-tech and means.Based on the characteristics of Internet service providers in the provision of services role and behavior of its own, can be used as the network tort liability of the main network service providers from providing content services, provides a link to the main service body, providing storage service subject and provides access to the main service. These different network service providers, the imputation principle of tort liability, responsibility and so are different.Scholars have different views about the imputation principle under the network environment, the network service provider tort liability, this paper argues that we should insist on the principle of fault liability. Whether in tort network service providers own implementation, or network users using the network service provider by the implementation of the tort, should be on the basis of the fault to punish the infringement liability for damages. According to the basic principle of tort law, commonly tort liability has four, namely the illegal behavior, damage, illegal behavior and damage of a causal relationship between the consequences and subjective fault. The network service provider tort have direct infringement and indirect infringement, the two differ in liability constitution. Direct infringement including network service provider to provide all kinds of information, movie, comments directly to the network user behavior, and behavior does not directly provide information but to provide online search, online server storage network services. The network service provider engaged in direct infringement, as long as consistent with the general tort liability, should bear the liability for compensation. Network services have direct infringement of network users in the provision of services, but the network service provider does not know the circumstances, then the infringe may notify the network service provider, to take measures, shielding, remove infringing content and information. If the notice, the network service provider is not to take remedial measures, as with the fault of the network service provider on subjective, and the implementation of direct infringement of Internet users share the common liability for tort. If there is sufficient evidence that the network service provider or the presumption of subjective fault, the right people without the need to inform the Internet service provider, Internet service providers according to the fault and the implementation of direct infringement of Internet users share the common liability for tort.