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Study On The Tort Liability Of Internet Service Provider

Posted on:2016-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:S S XuFull Text:PDF
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With the rise of the Intemet,Internet service provider begin to appear in the public perspective.At present, Internet service providers on the legislation in general is too general and inconsistent in China.For instant,the type of Internet service providers are not clearly defined, and it doesn’t research the responsibility of Internet service provider based on typed respectively.The legislation is difficult to apply in the judicial practice.It also exists many arguments for the type of Internet service provider in theory circle. And at the age of the Internet, because of more and more types of services provided by the network subject, services provided by different,different obligations, more responsibility cannot lump together. Therefore, it is necessary to study foreign experience about Internet service providers and different theories,in order to distinction regulation on the responsibility of Internet service providers. This paper mainly has the following four parts:The first part of this paper defines the definition characteristics and types of Internet service provider. The article regards that we should take a broad perspective to define the Internet service provider. At the same time, according to the differences between service function and content of the Internet service provider, the Internet service provider is divided into Internet content providers, Internet access service provider,and Internet platform service provider.The second part is about the types and characteristics of the tort liability of Internet service providers. It studies different types of the act of tort of Internet service provider The main features of the tort is the pluralism, infringement of the network, the behavior, be against the interests of the diversity, the consequences of damage severity.The third part of this article is the doctrine and the application of tort liability of Internet service provider. Clear the imputation principle of Internet service provider. Because of the development of the Internet and conforming to the principles of faimess,Internet service provider should apply to the principle of liability for fault.The last part elaborates the way of bearing the legal liability of Internet service provider. The provider should bear the tort liability for the fault, but under certain conditions, its liability is in the limitation under the safe harbor principles. The main ways is about stopping the infringement, eliminating the effect, apology and compensation for losses.
Keywords/Search Tags:Internet Service Provider, Infringement act, Tort liability, Safe harbor rule
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