| In the information society, information has become the most important resource.Information regarding the development and utilization of resources and the protectionof information resources much more people concern and attention. Information in thelegal sense means is fixed on a certain carrier or medium, or an understanding of thehuman nature of things, phenomena or expression. Background Under the Internet,information dissemination speed, breadth and depth are unprecedented. Networkinformationdisseminationwithfast,occult,noregionalandotherfeatures. Informationnetwork dissemination of the evils often comes from the characteristics of its spread.Phenomenon of illegal information dissemination are endless, the main interest of theright to information frequently suffer damage. Dissemination of information aboutillegal infringement issue has become a hot topic of people’s mouths. Network serviceprovider network information dissemination is an important participant. Clarify thenetwork service provider’s tort liability first need to accurately grasp its meaning.Internet service providers are divided into two types: web content service providersand network intermediary service providers. Intermediary service providers where thenetwork can also be broken down into: host, access, cache, search and other serviceproviders. For different network service providers, the illegal dissemination ofinformationindifferent areas of theinfringement occurred, theapplicableprinciples ofattribution should be different. For the same network service providers, the illegaldissemination of information in different areas of the infringement occurred, theapplicable should also be differentiated responsibility principle. In establishing theprinciple of distinction imputation under tort liability on the constituent elements ofdifferent network services for further discussion, so as to provide guidance to identifythe network service providers liable for infringement illegal dissemination ofinformation, and better safeguard the people’s right to information equity. Finally, theneed to limit its responsibility to do a simple exposition, to avoid network serviceproviders bear heavy responsibility, hinder the development of the network industry.Through research, in order to be able to sort out the tort liability of Internet serviceproviders, balance and coordination network industries, interest in network serviceproviders,informationrightsholdersofthethreeprovidetheoreticalguidance. |
