The Undertake Of Network Tort Liability

According to a Network of ecological survey conducted by polling firm, more than half of Internet users expressed resentment on the Network of malicious pop-up window., and it take the largest proportion. Internet users believe that false advertising Network, Network personal information leaked false information or news Network has seriously damaged the ecological environment of the Network. Since 2012, the Chinese government has paid more attention to creating a cleaner Network environment, constructing a sound Network space, maintain a secure Network environment. In the legal system, Chinese government has promulgated a number on the use of Network harm the interests of legislative provisions. In resolving cases, People’s court are punishing the phenomenon that use of more stringent Network harm the interests. Under the joint efforts of our government and the people, about 80 percent of Internet users have made today’s Network environment highly speaking.The emergence and innovation of Internet technology, it takes global economic, political and cultural life a tremendous impact, but also has changed the way that people communicate. Development of the Internet is a double-edged sword, it brings us enormous benefits to facilitate communication, and at the same time, the main part of Network through the Internet tort, resulting in various human body and damage on the property. On the responsibility for the problems arising out of acts bear, related scholars are of investigating this theory deeply, China and other states are improving on the legislative level. It is particularly important that we should define Network of tort liability in theory content, science determines Network tort liability subject, determine and tort liability accurately. Therefore, it is urgent that we need to curb the intensified use of the Network when national take implement harm behavior at this stage.In the first part of this article, I compare traditional "violations" to Network tort on the civil law category. Thus, I summarized the concept of Network infringement. Based on the unique feature of Network infringement, take consideration on the feature of subject of action, the place of occurrence and effect, the object of behavior violated, the embodiment of much type of behavior and widespread impact, numerous bear ways of responsibility. Secondly, from the concept of Network tort liability, the author describes whether there should be its "fault" principle the Network to assume the tort liability, and the elements of assuming the tort liability of Network. That is the subject of tort liability in the Network based on the existence of intentional or be negligent. Therefore, damage to property of others, others personal, cause harmful results. In addition, the human consequences of the damage has been infringed, it should be related to the behavior of the perpetrator carried out. Finally, we combine to the regulations of tort liability system, analysis of details of the subject of Network tort liability, the bear form, and the bear way.Detailed discussion of the second portion, that the way to undertaking the responsibility of Network tort. First of all, in understanding "Tort Liability Act" and relevant judicial interpretations, which formulate Network tort liability subject, form and the manner. Analysis of the problems of the current legislative level exists. In the minors, there is no clearly define on its Network of tort liability. In addition, as the Network tort subject, the object, and responsibility has unique characteristics. Therefore, our country lacks a special way for the Network to bear tort liability currently. By understanding the "Tort Liability Act",and relevant judicial interpretations. According to the law stipulates that joint and several liability, I do not agree.The third part of this article, I mainly talk about the legislative systems and judicial practice about the Network of tort liability of United States, Germany, Britain and other countries. And elaborate revelation obtained, find suited to China can learn theories and ideas.The fourth part is the core part of this article, according to the author discussed the above issue, proposed legislation and judicial recommendations targeted. A special subject for the typical minor, it should take special way when discussed bear tort liability in Network. For Network service provider, when jointly and severally liable, making a suggestion to improve joint and several liability specifically. Therefore, I made a few comments, and elaborate the idea that establish a sound system of Network infringement. Based on the above discussion, it has made a final induction.