Research Network Fault Infringement

Network infringement is a problem with the advent of a new era of networkgenerated in recent years become a major area of research on the law.2010implementation of the People’s Republic of Tort Liability Act of the relevantprovisions of the Basic Law for the first time in a civil tort liability under the networkenvironment specifically set norms. Network service providers and network users arethe main subject of infringement, its tort liability, the fault identified the problem,the problem need research. This paper analyzes the main fault identification andinfringement and the corresponding duty of care issue. Article discusses the networkto identify issues of infringement fault investigated "Tort Liability Act," Article36,draws on the extra-territorial legal system.This article is divided into five parts:The first part analyzes the concept of network fault infringement, described thecharacteristics and type of network objects infringement, and recalled the history ofinfringement and related fault doctrine.The second part of the network infringement fault classification: intentional andnegligent; fault of network service providers and network users fault.The third part is the core of this article, the first core of the fault-gave a detailedoverview of the duty of care, duty of care and the subject of infringement has beendescribed, followed by the introduction of the putative infringement main fault, thelast detailed analysis of the infringement in violation of the subject fault identifiedvarious duty of care.The fourth part, draws on international experience in network fault tort lawsystem, analyzes the civil law countries and common law countries to identifynetwork fault tort practice.The last part of the imperfections noted unsound legislative process of ournetwork and network tort tort laws, combined to "Tort Liability Act," Article36ofthe assessment, the author describes the fault of network infringement legislativerecommendations for improvement.