The Infringement And Protection Of The Right Of Communication Through Information Network

Since1990s, As the advantage of large amount of information， the speed oftransmission is fast and interactive,the internet is extending to the most areas ofhumans’ activity. According to statistics, the number of net citizen in China hasreached253,000,000at Month6Year2008. With the development of electronicinformation technology and the Internet, the information on network growsmultiply. The Internet has become the "the fourth media" following thenewspaper, broadcast and TV.It integrates the functions of many traditional mediasand trends to the first. With the continuous development of the network, the amountof issue on information dissemination online are also gradually increased, the currentcopyright system and copyright theory confronted with unknown challenge andtest. It is crucial to the healthy development of China’s culturalindustry, information industry if the disputes can be solved properly or not. Thispaper will combines the knowledge of relevant laws and regulations of the copyrightand use the application of case analysis and the value analysis method to analysis anddiscussion on the right of communication of information on networks. I will putforward some opinions on related problems from the angle of legislation. This paperis divided into introduction, body and conclusion.The introduction emphasizedthe background of thesis and put forward issues. Firstly, the main body introduces theright of information network transmission and the sorts of torts. Mainlyintroducing the concept of the right of dissemination of information oninternet, characteristics and the form of torts.This is followed by a discussion of thecomposition of the tort of the right of information network dissemination tortincluding subjective elements and objective elements. Finally, the discussion ofthe legal guarantee of the right of communication through information network,mainly put forward the problems in the protection of information networkdissemination at present in our country and the corresponding solutions. In theconclusion, the author summarized the full text and put forward the suggestion onhow to improve the right of information network dissemination system. The value of this paper is making theoretical preparation for legislative perfection of the right ofnetwork dissemination. There is a solid theoretical foundation behind anylegal. Considering the number of dispute of the right of information networktransmission is increasing and the development of network israpidly, right disputes surge condition and the contradiction between the protection ofinformation network transmission and shortage of theological, it is necessaryfor further research in the theory.