Research On The Internet Service Providers’ Liabilities For The Infringement Of The Right To Network Dissemination Of Information

The infringement of the right to network dissemination of information has a significant difference to the general infringement, the infringement act of the right to network dissemination of information is more subtle and need some certain technical conditions, subject varies, while the main duty bearers stand in a tort special place. Generally, the network service provider is not responsible for direct infringement, the real tort liability are Internet users, Internet users actualize the violations through the network servise, forming a tort relationship between tripartite subjects, how to identify the network service providers’ responsibility is the mainly concern of this paper. Meanwhile, under the existing system, there are some problems in the right to network transmission information tort liability system, the network service provider’s definition is not clear, safe harbor rules of the specific implementation details are not clear, the logic between safe harbor rules and the fault liability is more confusing. These problems restrict the development of the tort liability system in our country. The author believes that it should be in the absorption of foreign advanced experience, combined with China’s legislation and judicial practice on the basis of the perfect our country’s information network system of tort liability.In this paper, the research carried out in the following aspects:First, defined the right to network dissemination of information and the network service providers, clear the boundaries and subject scope of them. Second, Introduced the current situation of legislation and the defect of the right to network dissemination of information,; Third, starting from specific cases, clear the infringement acts of the network service providers’ in the tort of the right to network dissemination of information; Fourth, based on the fair use system and the safe harbor rule, research on the infringement of the right to network dissemination of information, clear the network service provider’s responsibility cognizance and exemption; Fifth, Introduced the current situation of legislation and the foreign system of the right to network dissemination of information, based on the previous study, give reasonable suggestions to improve the tort liability system of the right to network dissemination of information.