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Web Service Provider’s Network Reputation Infringement

Posted on:2014-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q N ZhaoFull Text:PDF
GTID:2296330467965105Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development and wide application of network science and technology,relying on the fast update, high popularity, rapid propagation, resource rich characteristics ofits own, in which brings great convenience for the human society at the same time, also canmake the social and personal data, data and other information are stolen risk and leaked, thetraditional reputation right, the protection of privacy has also formed the hitherto unknownchallenge.Based on the analysis of the bishop, Fan Bingbing v. Guizhou scide media limitednetwork reputation dispute case, based on China’s tort liability law, and judicial practice,through the analysis of the current Internet reputation infringement related legal system,theoretical circles on the network reputation infringement and referring to foreign researchresults, the current network security of information protection, and combined with the focusin the cases, analyze and study the related problems of web service provider of legalobligations, legal liability, liability principle and liability, thoughts and opinions and to clarifythe issues related to some of their own on the web service provider network tort liability, andput forward the network of personal reputation right protection simple suggestions.In addition to the introduction and conclusion, is divided into three parts to carry on theelaboration to the following three parts:The first part of the case introduction, summarized the focus of controversyconsolidation case:(a) easy Sedco to its management "Qianxun network" on the informationto perform the legal obligation;(two) whether the case is easily said companies should takethe network reputation right infringement responsibility.The second part is about the controversial focus of the case theory and practice research.First of all, through the research on the basic legal issues of reputation infringement incyberspace, analysis the similarities and differences between the traditional reputation reputation infringement in cyberspace tort, and expounds the practical significance ofintroducing website legal obligation; secondly, through the discussion of legal obligation toweb service providers, the theory and judicial practice significance website has legalobligations related to its business the site, analysis of the current situation about the networkinformation safety protection in some foreign countries and regions, put forward China’s Webservice provider shall assume the obligation; thirdly, the legal liability web service providerviolates the legal obligation that should bear, and focuses on the reputation infringement inCyberspace legal elements, imputation principle adopted, web service providers bear whatresponsibility and how to assume responsibility; finally, through the analysis of the first twoparts of the study, the case of Sedco should undertake what kind of legal obligations, and shallbear tort liability how network reputation due to the violation of the obligation.The third part is the conclusion of the study, through the website of their legalobligations and breach of duty should bear legal responsibility to explore, combined with thefocus of controversy comprehensive article case analysis, the network easy to Teessidecompany should bear the legal responsibility for defamation, and the court’s decision putforward their own views.
Keywords/Search Tags:Site service provider, Internet reputation infringement, Websiteobligations
PDF Full Text Request
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