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The Network Service Providers Of Tort Liability Rules On Carrying Out Research

Posted on:2014-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y N WuFull Text:PDF
GTID:2256330425961150Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The Internet has shortened the dista nces between people, and provided a lot ofconvince to our lives.In the mean time, it a lso led to an increasing number of networkinfringe ment cases.At present,the do mestic survey on network services of tort liabilityrules in imple me ntation iss ues are fewer than other aspects,but the issue is highlypractica l,so it has a strong practical guid ing significa nce.Network service providerinfringe ment ma inly inc lude two cases.the first case is direct infringe ment,andindirect infringe ment of another situation that is caused by the network serviceproviders due to the infringe ment o f the third-party. Tort Liab ility Act can be seemedas a boundary point on Laws and regulations of the network service provider on tortliab ility rules.The rules can be divided into three parts,that is,the imp le mentation o fthe provis io ns before of Tort Liab ility Act,the Artic le36of the Tort LiabilityAct,and the imp leme ntation of the rele vant provis ions after the Tort LiabilityAct.the Artic le36of the Tort Liab ility Act is referred to as the terms of theInternet,it c learly defines the tort liab ility o f the network service provider.However,the provis ions are so generally that it is lack of maneuverability. Thenetwork service provider tort ma inly concentrated in three parts,that is theinfringe ment o f inte llectua l property rights,persona l rights and property rights.But theprotection for these three civil rights is not bala nced,the Laws pay attention to theprotection o f the inte llectua l property too much,and conte mpt the protectio n ofpersonal rights and property rights.The imp le mentation o f the rele vant laws andregulations will he lp to protect the le gitimate rights and interests of c itize ns.but itmay ha ve a negative impact on citize ns constitutio na l rights,suc h as freedom o fexpress ion and the right to supervis io n.Both Ordina nce and Tort Liab ility Act usesthe Port regulation rules of the United States,that rule will he lp to reduce theresponsib ility o f the network service provider.But in practice,there ma y be a case ofabus ing Port regulatio n rules.How to make the rules to play a role to a chieve thepurpose of the establishme nt of the rules,that is still a proble m to be solved.Accordingto the problems in the imp leme ntation of laws and regulatio ns,We can improve the rules on the legis latio n,industry self-discip line and to imp le ment the networkrea l-name syste m,introduce insura nce mechanis m,etc.
Keywords/Search Tags:Net work se rvice provide r, Tort liability, Article36of the Tort La w, The imple me nt of law
PDF Full Text Request
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