The Construction Of Punitive Damages System On Loiter Net Behavior

A sign of WIFI connection could be easily seen nowadays when people walkinto restaurants, shopping malls, and leisure plazas and other public places in thedowntown area. Internet technology has been continuously developed and tends toenter the mature stage. Especially with the wide use of smart devices in the market,wireless network has becoming an essential part in routine life. However, whilepeople are enjoying convenience of high-speed wireless network, crime also occursthat some people use technology to violate the legal use right of others. A behavior ofthe use of someone else’s legitimate wireless network without permission and withoutreasonable charges is called “Loiter Net”. Currently, countries in the world withadvanced wireless technologies, have introduced related laws and regulations with aview to punishing the perpetrator or protecting victim rights in terms of the Loiter Netbehavior. Therefore, in the case of China, who has been experiencing dramaticgrowth in wireless technologies, what kind of influences could be brought by LoiterNet behavior? What kind of challenges will be emerged during the construction oflaw society? The issues above will be inevitably involved in the new development oflaw society, which could only be achieved in the environment where civil legitimaterights could be protected by a sound legal system.Considering issues above, the paper will conduct an in-depth analysis on thebehavior of Loiter Net. Firstly, a methodology of combining jurisprudence with civillaw theory will be adopted to explore the Loiter Net behavior from the nature of thelaw and the general types. From the perspective of social practice, the behaviorregulations and responsible commitment could only be mapped out by clarifying thenature of the Loiter Net behavior and inducing the various behavior types. Since theLoiter Net Behavior is defined as a comprehensive tort of subjective malice, it willgenerate various types of infringement acts. Based on whether the perpetrator cracksWIFI password, the paper will discuss two types of Loiter Net behaviors. One is anact without cracking WIFI password and the other is an act along with cracking behavior.On the other hand, Loiter Net behavior does not merely involve loss of moneycaused by a visible infringement act on others’ legitimate right of using wirelessnetwork, but also involve the loss of intangible personal interests, which is hard tomeasure by money, and the damage to public interest which could not easilycompensate by a regular infringement compensation system. Therefore, in terms ofsuch an infringement act with damages beyond reality, only the punitive damagessystem could settle the issue, which also leads to the validity in application of thepunitive damages system. By drawing on foreign law applications to Loiter Netbehavior with a discussion of strength and weakness and principles of tort law, apunitive damages system on Loiter Net behavior will be constructed in the paper.Besides, the paper will also identify the advantages of application of punitivedamages system to Loiter Net behavior by comparing punitive damage liabilitysystem with general compensational liability and criminal liability respectively.The nature of concealment in wireless network makes the tortfeasor more hiddenand difficult to be determined. On the other hand, because of the imperfectcompensational liability system in China, the victims also find it difficult to identifythe real information about the tortfeasor. Thus, the paper will further discuss how toidentify the perpetrator from both judicatory practice perspective and technologicalperspective. From the perspective of judicatory practice, the paper will draw oncompensation model of USA in dealing with online infringement lawsuits on the rightof reputation which involves anonymous perpetrator tracking procedures; and fromthe perspective of technology, the paper will introduce how to track the perpetratorwith the wireless network skills to acquire evidence of crime.Lastly, the paper will discuss the calculation basis of punitive damagescompensation system and the valid multiple of the victim loss with a view todeveloping the punitive damages system on Loiter Net behavior in a more applicableway.