Study On Network Service Providers’ Tort Liability

The tort liability of network service provider means a commitment by the network service provider implementation infringes upon legitimate rights and interests in the process of providing network services to civil liability, it is accompanied by the development of Internet technology appears a new type of tort liability. China "Tort Liability Act, Section36also provides for network service providers tort liability, but its contents are still many problems, the results of the handling of such cases in the judicial practice does not make the same,QQ suicide pacts case occurred in2010, the verdict triggered a multi-heated controversy. Therefore, it is necessary to combine the practice of justice, and tort liability system to the network service provider. Network service provider tort liability by the violator, the consequences of the damage, causality and behavior constitute subjective fault of the elements of the four aspects. Should adopt the principle of fault liability identified tort liability as a network service provider Tort Liability Principle, considering the network service operators in the specific circumstances of the review of the capacity of the network information, only in should be reviewed but neglect case review and cause damage results, the network service operators may assume the tort liability. According to the basic legal principles of tort liability of network service providers, Tencent behavior’s is not illegal, and no causal link between Tencent’s behavior and damage results relations, thus Tencent should not bear tort liability. Future legislation should improve the network service provider tort liability system as follows:require the network service provider obligations; take the principle of fault liability; refinement "Tort Liability Act" notification rules.