On The Limitations On Liability Of Internet Service Provider

Internet has become the most important way of information dissemination in the society of our country.And it plays an increasingly important role in enriching social and cultural life. With the development of Internet business, the type of Internet Service Provider becomes more and more, which makes the range of-services enjoyed by Network users increase. And the majority of Internet users have a space of freedom to express. However, there are some cases of violation of the legitimate rights and interests of other people due to the anonymity and virtual of networks. If we does not impose restrictions on the use of internet, internet will have an adverse impact on the damage of such violations of the network, which can extend the loss of obligee. So our country introduces many laws and regulations to regulate the content and behavior of Internet service providers.However, the law should seek to moderate standard. If the law is too lenient, Self-restraint of the network users and Internet Service Provider will drop. Number of network users and Internet Service Provider may willfully violate other people’s legitimate rights and interests. They can access to their own economic interests, and disrupt the normal life of other people. If the law is too harsh, Internet in the process of development will pay a higher cost. The cost will hinder the development of the Internet industry, and the network will be difficult to develop. In the information era, we can not enjoy the convenience that the Internet brought to us. It will limit the free speech of people, which makes people lose an efficient and convenient tool of network and supervision methods. Therefore, the tort liability of Internet Service Provider to be differentiated reasonable provisions. Laws and regulations that we promulgated have effectiveness, scattered and cross. China unified specialized legal regulation on the Internet Service Provider. The introduction of the Tort Liability Act did not solve this problem, and it did not define the meaning of the Internet Service Provider, which is the premise to solve the Internet Service Provider infringement. The act also did not provide network services by type more authoritative division. There is no classification to limit the liability of Internet Service Provider, it does not set reduction disclaimer subject.According to the status of our legal, the article is divided into three parts to address the inadequacies of China’s Internet regulation.The first part has an overview of the meaning and type of Internet Service Provider. Our country has no clear definition of the Internet Service Provider, the scholars have different view. We should be combined with the trend of development of the Internet, to define the Internet Service Provider with a global perspective. Defining the type of Internet Service Provider is a precondition. We can compare our country and abroad legislation, based on our national conditions and come to the final classification results.The second part introduces the limitation of liability of Internet Service Provider. This is the main part of the article. First of all, I introduced the legal basis. Then I compared the legislations of our country and abroad, and analyze of the inadequacies of the law.According to the first two parts of bedding, I propose appropriate countermeasures in the third section. I interspersed with some of the case in the process of discourse, which makes the argument more persuasive.Discussing this topic is of great significance. Internet users can feel at ease when using the network service. Law can protect their legitimate rights and interests, also give full consideration to the development of Internet. The law doesn’t increase the Internet Service Provider’s obligations. Law can be a unified standard. And law can allocate responsibilities reasonably.