Internet Platform Service Provider Responsible For Users To Upload Content Analysis

The advent of the era of "Internet+" on the one hand, to promote comprehe nsive development of China’s economic and social culture, on the other hand als o reflects a sharp rise in the number of Internet platform in China. In recent years, the"Internet+"has been affecting multiple transformation and industry, the current public familiar electronic commerce, the Internet finance, online f ilm and television industries are’Internet+". However, when we through"Interne t+" in promoting our country’s productivity at the same time, it also brings s ome legal problems. Small to online piracy, big to the network crime, the safet y of the network environment is heavily influenced by the impact. According to the protection of the rights and interests of Chinese Internet users report (20 15)"hereinafter referred to as the report ", in 2015, netizens losses caused by the infringement of network is about 80.5 billion yuan,124 yuan per capita. An d from the people’s court trial practice, cases involving network by reason of their quantity is not much, the trial will encounter a lot of practical problem s. One of the typical problem is the question of whether Internet platform serv ice providers need to bear the responsibility. To this, this article will analy sis from four parts:The first chapter is introduction, mainly introduces the research object, research purpose and research method of this article;The second chapter for Internet platform service provider responsible for end users to upload content related legal issues. This chapter will spread Inte rnet platform service providers according to spread information way is divided into static and dynamic model, analyze the transmission mode Internet platform service providers in terms of responsibility of all kinds of legal issues. Amon g them, the spread in the static mode of legal issues as how to determine the s econd paragraph of article 36 of the tort liability act of "notice"requirement; In dynamic technology transmission mode, the Internet platform service provide r’s subjective status, how technology is neutral rules established is the focus problem; In dynamic others propagation mode, the network platform service prov ider assume responsibility according to criminal law amendment (9)1 of paragrap h 1 of article 28 of the rules. And how to determine the standard of "large", t he standard is reasonable need further certification.According to the second chapter analyses the focus of the problem, the thi rd chapter of qualified "notice"requirement, Internet platform service provider ’s subjective state determination and "substantial"problem such as how to deter mine are analyzed one by one.The fourth chapter is based on the above analysis for Internet platform se rvice provider liability issues were identified. In passive knowledge for "noti fication" two kinds of classification, a notification for has obvious flaws, an other for the flaws in the notification is not in conformity with the law. Noti ce has obvious flaws, notice does not act, Internet platform service providers do not need to bear the responsibility; Are defective in is not in conformity w ith the law of the notice, making up notice, Internet platform service provider s should be required for making up notification requirements, also did not take effective measures, Internet platform service provider shall bear correspondin g responsibility. At this point, this article is to inform the elements perfect puts forward some Suggestions. In active transmission technology, due to techn ical neutral rules do not set up, and the Internet platform service provider’s subjective status is not due to technical composition and cover, and the cogniz ance of the Internet platform service provider, the director of the state depen ds on the degree of control of the network information, is the analysis of the network information whether the ownership of the changes. If the transfer, Inte rnet platform service provider should be to understand the nature of informatio n, its subjective body is knowing that, if the illegal information, transmissio n belongs to intentionally spread, the corresponding criminal responsibility. I n passive communication, the Internet platform service providers according to b ear the responsibility of "large" standard does not conform to the reality, thi s paper argues that use the standard Internet platform service provider bear th e responsibility is not reasonable. This paper Suggestions, according to the ch aracters of network development clear criteria for "a lot" of the.