A Study On The Infringement Of Internet Service Provider

With the development of times t,the Internet is powerful and influence all aspects of our lives. Our country has a large base of Internet users, according to the 35 th statistical results of the statistical Report on Internet Development in China,China has more than 550 million mobile Internet users until December 2014, networks become more convenient with the Internet penetration rate to 47.9%. With the increase of network users and the increasing number of network transaction, the existing legal system has also been challenged growing network technology.The first part is about the concept,the type and attribution basis of network service providers. Generalized network service providers including content services and platform service providers. Narrow network providers include only service provider platform. In the current foreign legislation, the network service provider are classified,and according to the different types to different disclaimers. This is a more common way of legislation adopted in foreign legislation. About the concept of Internet service provider,we should be clear in our study does not include Internet content provider. Secondly, with regard to the type of network service providers,I believe that the classification of "Auto Access Service", "Automatic transmission service", "Auto Store", "provides information storage space", "provides search or link services" is reasonable in the Regulation on the Protection of the Right to Network Dissemination of Information. Thirdly about the tort liability attribution basis of network service providers, there are three main theories:fault theory,direct profit theory,actual control theory. Although the three theory as the main theories have a considerable degree of influence, there are some deficiencies. In my opinion,after correction network service providers theoretical basis for tort liability is,network providers on the premise of the establishing of the reasonable filtering technology,due to that it knows and does not take timely measures to deal with infringement issues and should bear tort liability.The second part discusses the imputation principle of the Internet service providers’ infringement liability.Foreign tort responsibility research on network services are some time earlier than our country, with a reference.The United States for different types of network service providers to specify different disclaimers, established strict limits Liability principles.The EU adopted the principle of fault liability.Germany taken to imputation principle of liability without fault,but assume responsibilities in other type of network service providers are taking the principle of fault liability.In theory for different types of network service provider responsibility principle applies whether unity should also controversial.The author believes that the network service provider civil tort liability for fault liability is more reasonable: for intellectual property applicable presumption of fault, the fault of the general principles of the right to apply to.The third part discuses the elements of the network service providers’ tort liability.I believe that the "three elements theory" is more reasonable which including the fact of damage, causality and subjective fault.This section will expanded the three elements.The forth part introduces the distribution of responsibilities of the network service providers’ tort liability.This section states the different network service provider liability in the form of phase with different forms.I think about our form of network service providers assume the tort liability, should apply to external joint and several liability and internal liability by shares.The last part is about indirect infringement of Internet service providers.Construction of indirect infringement system is common practice in the legislation of a foreign network service provider tort system. An the same time, this practice proposed legislative proposals to our relevant laws and regulations of the network service providers’ tort liability...