Analysis Of The Tortious Liability Of Internet Service Provider

The topic of this paper is the tort liability of Internet service providers, the importantstatus of Internet service provider in the network so that the academic circles focus on thenetwork tort liability. The network itself is an emerging industry in our country, and under theenvironment of network tort is accompanied by the rise of the Internet, Internet serviceprovider tort issue is particularly important, because it is directly related to the health anddevelopment of network environment.In recent years, about the Internet service provider tortliability, the relevant areas in China are under discussion, from the Department of theory, alsothe practice sector. In foreign countries, the problem has received considerable attention. TheInternet service provider network tort liability system in many foreign countries have tospecialization, standardization direction development, many countries and regions (especiallythe United States and the European Union) have formed a unique method and rules to solvethe problem, and walk in the front of the Chinese, this is mainly benefited from the marketeconomy system and the overall situation of the whole level of legal system developed. Withthe increasing number of China’s Internet infringement cases and the complex degree, Itshould be aware of and understand the tort liability of Internet service provider.In this paper, through the introduction of the case, carries on the elaboration to theInternet service provider and liability, and analyses the related legal relationship of tortliability of Internet service provider, especially through the analysis of positioning, theInternet service provider network tort obligation and liability principle, puts forward theproblems relevant provisions about liability of Internet service provider network tort in our inthis system, at the same time the extraterritorial comparative study, learn from their advancedplace to perfect the regulations of our country network infringement. The division ofobligation of Internet service provider for the regulatory obligations, rigorous attentionobligations and duties to assist each other, three obligations.After defining the Internet serviceprovider ’s location and obligations and other issues, this paper profits from the overseasadvanced experience, summed up the lack of relevant provisions in China put forward asound proposal: first, China’s response to the network service provider tort liability legislation;second, the provisions of the existing laws and regulations of the supplementary explanation;finally, the network must be service providers are defined as obligations, clear obligation is a necessary condition for determining liability. Through the above analysis, writer hopes thatour tort liability of Internet service provider legislation will be better and better.