The Obligation Of Security Of Network Business

Since the existing legal system is not perfect, it cannot effectively solve the problem of the growing number of network infringement. This paper analyzed the theoretical basis of the security obligation of network business, combined with the specific internet infringement cases and used the writing techniques of arguments and refutation to prove the necessity of giving the security obligation of network business. Since the security obligation of network business is not only a main obligation of tort, but also in contract law. The author also proposed reasonable standards and the case judgment standard to determine whether network business fulfilled the security obligation. And from the safety of hardware, software and information, the author set a minimum limit for the security obligation of network business. In addition, the general risk, no risk of anticipated likelihood and pure economic loss were excluded from the security obligation of network business, and the safe harbor principle and force majeure served as the limitation of liability rule when network business is in violation of the security obligation.