Internet Service Providers Tort Liability Study

Nowadays, network technology is not to our work and life have a revolutionary impact, in the great convenience and fun at the same time, network violations have occurred from time to time, and presents the trend of frequent and complex. In the network environment, the infringed due to the lack of relative technology and financial resources, it is difficult to rely on their own power to pursue the infringer to network really, so more time will spearhead the network service provider. But our country network development started late, the relevant laws and regulations and other statutory provisions for less, and the regulations are mostly general, not to our country network tort guiding role in judicial practice, and prone to disagreement. Therefore, in order to more scientific and effective real network infringement subject, determine the relevant tort liability, timely and protect the legitimate rights and interests of the interests of the people, purify network environment, the tort liability of Internet service provider of the inquiry is imperative. In view of this, the author try to analysis and Research on the basis of the existing theories, in order to get a better way to improve the tort liability of Internet service provider to write this article. The article consists of four parts:The first part begins with the concept of network service providers, agree broadly cognitive understanding, to further explore the various classification status, comparative analysis, to find the most suitable for the concept and classification of China’s tort liability of Internet service provider system.The second part is the analysis of the tort liability of Internet service provider. Separately introduces the qualitative, undertake the network service provider tort imputation principle, theoretical basis of tort liability of network service providers and the constituent elements, and discusses the tort liability undertaking problems.The third part is on the Internet service provider of overseas study, learning and thinking from the legislative system and related laws and regulations USA, Germany,the European Union, with a view to the following analysis of China’s Internet service providers to make a reasonable analysis of legislation and practice. The fourth part is the evaluation of our tort liability of Internet service provider of the legislation, and related suggestions. Separately from the legislative system, subject classification, notification rules are discussed, in order to expect China’s tort liability of Internet service provider system more complete.