Network Privacy Liability Undertaking

When the network start from network all aspect people’s life over the time nature series of the problems are caused by the network infringement of network has been the focus topic of people.since 2014 October started the implementation of the network infringement judicial interpretation issued network infringement subject once again pushed in the teeth of the storm tort liability subject of the view that the responsibility is different.So the combination of some mainstream view of judicial interpretation and theoretical circles to the introduction of new.for what is under the environment of network tort liability of different subject bear the responsibility?Networks have a significant impact on people’s life at the same time, the new forms of network infringement appeared in the people’s horizons, and gradually caused wide attention, it is the distinctive features of network infringement is different from the traditional tort, the network service provider that particular subject. How to balance the patent, network user, network service providers, and information network of this emerging industry between the interests of not only the citizen’s right protection in China, also relationship with the development of the Internet industry, will ultimately affect the international competitiveness of our country. Therefore, the network service providers tort liability problems to be solved. On October 10, 2014 by the tort liability law of the provisions on network tort liability, especially for the cognizance of the network service providers tort liability caused a heated discussion.The main body of network privacy tort including network users and network service providers. Chapter in this paper, three cases of network users and network service providers tort liability problems were analyzed. In responsibility identification of Internet service providers, should according to its position in the network in the network service provider and control ability, with different obligations, and should not blindly pursue the network service provider jointly and severally liable. Otherwise, is not conducive to the healthy development of the network, and the just cause of loss shall be investigated for their responsibility.In the mode of network tort responsibility bear, although the general tort liability method are applicable, but should be based on the characteristics of network infringement, this optimum determine different ways of infringing the main body of responsibility, to agree to principle and the principle of public interest as the standard. On the ground in relief setting, for site disclaimer, should not admit its effectiveness.