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Discussion On The System Of China’s Network Tort Liability

Posted on:2015-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:C FuFull Text:PDF
GTID:2266330431452383Subject:Civil and Commercial Law
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The China Internet Network Information Center has released an authoritative surveyreport in2012.It shows that the number of people on the Internet in China has nearly halfthe country’s population in the middle of2012. The network infornation is so easy to beobtained and used that attracting more people in this way.All of that affect every aspects ofsocial life, and even contrary to some original thinking. It caused a significant impact totoday’s legal system.At the same time, the increasing of network infringemen to our lifebringing inconvenience and potential safety hazard.How to protect the legitimate rights andinterests of citizens without hindering the normal development of the network isimportent.To research the network tort liability system is crucial.It is a current social issuesthat need to be resolved.The thesis research the network tort liability’s characteristics and legalconnotation.We will find the problems of our country’s network tort liability systemthrough network legislative situation and theoretical analysis of tort liability. We can learnfrom foreign advanced network tort liability system.We can put forward legislativeproposals to our network tort liability and perfect it by researching the legislative model,institution building, responsibility principle, values and so on. Based on the real needs ofnetwork development, and it can be considered separate legislation to give specialprotection and designed registration system for network operators subject to the occurrenceof violations in the network, can effectively balance and finds its responsibility toimplement NRS.Firstly, from the introduction of this article aspects, we used the conceptual analysisto introduce the basic situation of China’s tort liability system in the network. Then weused the theoretical analysis to the network tort liability system, including the legalmeaning, constitute the main features and systems as well as the pursuit of value. From theabove viewpoint, to clarify the status of legislation of tort liability system and networkproblems, a clear inadequacies of tort liability system existing in the network. We used the comparative study of law and the literature research in the article.Comparing to thenetwork with foreign tort liability system, pointed at can learn by China’s relevant laws.According to the revelation and analysis, summed up that how to improve the design oftort liability system, including regulation of moral conduct from the legislation, therelevant principles and responsibilities of imputation methods section.Finally,we make asummary of the system.
Keywords/Search Tags:network, tort liability, perfect
PDF Full Text Request
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