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Safe Harbor Principle The Field Of Tort On Internet

Posted on:2015-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:M TianFull Text:PDF
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Since less than30years, our Internet Industry has achieved amazing results. But this rapid development has brought many problems. Recently, number of infringement on the internet in China increase continuously. It has an adverse effect on the sustainable development of Chinese Internet Industry.China has imported the Safe Harbor Regulations from United States in2000. The Rules of Knowing and the Rules of Notice were established by the Tort Liability Act in the end of2009, which have been called as the Chinese Safe Harbor Regulations. Nevertheless, Chinese Safe Harbor Regulations are still immature. Many different opinions exist both in legal communities and educational circles. The Safe Harbor Regulations, in the Tort Liability Act, is too much primitive. It lacks of clear rules and appropriate restrictions on resposobilities of Internet-users. They are not able to have accurate legal actions with anticipation according to laws so that Internet-users are lost or do whatever they want.This paper will be focused on the Safe Harbor Regulations that are relying on the article36of The Tort Liability Act. With the help of successful experiences from other countries and Chinese law practicing, some personal views will be presented for developing and perfecting the Chinese Safe Harbor Regulations. The main research methods which are used in this paper are following:literature research, comparative studies and research methods.This paper is divided into four chapters. In the first chapter, the origin of the American Safe Harbor Regulations and relevant elements, as well as its significance is presented. In the second chapter, Chinese experiences and shortages from law practicing with the Safe Harbor Regulations are presented. In the third chapter, following points are presented, which are successful experiences from United States, European Union and Japan are presented, especially in the aspects of Notification rules, the scope of application of the Safe Harbor Regulations and the range of "on time", as well as Chinese reformation on Safe Harbor Regulations.In the fourth chapter, some little personal reflections are presented for the Chinese Safe Harbor Regulations.
Keywords/Search Tags:Internet Service Provider, Safe Harbor Regulations, Chinese SafeHarbor Regulations, Notification rules, scope of application, the Tort Liability Act
PDF Full Text Request
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