Liability Study Of Network Service Provider In Cyber Manhunt

As various network information resources rise sharply, people begin to pay attention to the quick and efficient way to extract the potential and valuable information from mass network data, thus a variety of search engines emerge. They do help the network users to retrieve information, while some users take them as a means for invasion of privacy and reputation rights of others, this is the so-called cyber manhunt.As a network phenomenon stepped into our life in recent years, cyber manhunt, on the margins of the law over a long period of time, sometimes has an oversight role in anti-corruption and other issues that concern the vital interests of society, but sometimes infringe upon the rights and interests of citizens seriously. To be sure, standardizing cyber manhunt behavior requires not only the social and moral constraints, laws and regulations are indispensable. Specific legislation on cyber manhunt has not introduced yet in our country, generally speaking, network tort liability stipulated in Article thirty-sixth of "Tort Liability Law" published in 2010 is the basic legal ground for the judgment of cyber manhunt case, however, the complexity and diversity in those cases nowadays can’t be solved with only a general article. In the middle of October 2014, the Supreme People’s Court promulgated the "Supreme People’s Court on Several Issues concerning the application of laws against civil disputes over human rights provisions of the use of information network". This new judicial interpretation mainly explains the network personality right infringement responsibility and makes a detailed explanation for privacy right infringed through cyber manhunt. It also stipulates some liabilities undertaken by network service providers specially and defines their important roles in the network personality right infringement cases.This paper analyzes the legal application states of cyber manhunt in our country, and then carries out a detailed discussion on the responsibility mechanism of network service providers, finally, proposes several countermeasures to solve the problem of cyber manhunt.This paper covers the following parts briefly:The first part: at the beginning of this paper, the author introduces the relevant laws and regulations of China’s human flesh search and proposes the corresponding problems existing in legal, then focuses on the new judicial interpretation introduction: first summarizes the content of the human flesh search in the judicial interpretation, then introduces several highlights of judicial interpretation, and finally puts forward some deficiencies in it.The second part: the network service providers’ liabilities in human flesh search are drawn forth from the case analysis, after completing the introduction of some important concepts, network service providers’ doctrine of liability fixation is presented and the constitutive requirements of liability are introduced through four elements followed by responsibility undertaking analysis which consists of defense and realization form of liability according to the new judicial interpretation, and finally network anti-corruption exemption is dialectic analyzed in detail after introducing the exemption of liabilityThe third part: the third part of the article puts forward several suggestions on improving the human flesh search mechanism concerning on the network service providers, there are three main points: the first is to establish the new network real name system focused on network service providers; the second is to set up the personal information recovery system(i.e. citizens can request the network service providers to recycle core personal privacy information); the third is to encourage and guide to establish public serve sites specialized in human flesh search.