Research On Legal Problems Of Infringement

Network infringement is a new problem which arising with the advent of the Internet age. It has become a hot issue on the legal research in recent years."Tort Liability Law of the People’s Republic of China"(hereinafter referred to as Tort Liability Law)was hereby promulgated with effect on1July2010.This is the special norms which set for tort liability under the network environment for the first time in China.Network infringement is not just between the users and people who have been infringed, but has a great relationship with the network service provider. So how to identify responsibility between users and network service providers is very important. Network infringement has become a special infringement because of the classification of infringement main and the particularity of liability principle. In addition, the content and form of the object of network infringement is needed to be clear. This thesis focuses on Article7of the Tort Liability Law and to analyze, describes characteristics of network infringement, seriousness and the urgency of the improvement of legislation. This thesis carries out the reconstruction of network infringement in the perspective of the Tort Liability Law, through the method of judicial interpretation forms a special chapter of network infringement to classify the network service provider and explain some institutional and legal terminologies. Finally, this thesis presents legislative proposals to build and improve our network tort law system."Safe harbor" defense system, notification program, presentation rules provide a theoretical and empirical support to build and improve the network tort system. American and European countries enter the Internet age early. The research on network infringement is also more in-depth. Germany developed the world’s first legal on computer network infringement which is called Multimedia Law by scholars. It classified network service providers and becomes a network precedent for infringing legislation. The U.S. Congress enacted and implemented the Digital Millennium Copyright Act in1998which built a system of digital copyright infringement in the network era. This method established systems such as the principle of the "safe harbor defense, notification program and classification rules for network service providers. These systems played a role in promoting the development of the network and became a template for online infringement legislation. They are learned by many countries and regions. The European Union promulgated and implemented E-Commerce Directive in2000.It draws on the U.S. network service providers classification regulation system but is very different in operation. It restrains all infringing acts online. This is a significant step forward in the network tort system. Japanese scholars have improved the practical application such as the timeliness of the notification system. This is also a contribution to research on network infringement. Network tort law has made great progress in China, but it appears only sporadically in some level lower laws and regulations. There are many big defects on construction of the overall system, classification of network service providers, liability principle and so on. These are to be further improved.