Study On The Tort Liability Of Internet Service Provider

With the rapid development of network technology, network problems occur frequently, how to improve the network service provider tort liability system is in urgent need of the current study. Although there are some network infringement unlike traditional tort characteristics,but with the general nature of the infringement did not differ. Therefore, the study of the network service provider tort liability issues, we can not copy the general tort theory, they can not separate the intrinsic link between the two, the need for traditional tort theories of innovation and development, creating new institutional system in order to adapt to the rapid network industry development, balancing the public interest, the network service providers as well as the interests of the three network users. In this paper, our existing network service providers tort liability system as a starting point, combined with advanced legislation, the use of comparative analysis and case analysis method for network service providers tort liability system issues and academic dispute as to the discussion, with a view to propose practical solutions to improve. In addition to the introduction and conclusion, the full text is divided into four parts:The first section provides basic problems were studied for network services. In the first section the author by domestic and comparative law, proposed classification of network service providers, network service providers that can be divided into network content providers, network information storage space provider, providing search links services the network service provider and four types of online trading platform provider. Section II analyzes the network service providers liable for infringement of the legal basis, provides a theoretical basis for the following analysis.The second part is the point of contention research network service provider violations identified. This chapter analyzes the two controversial points in the network service provider violations identified areas, the first is the network service provider tort way, with "Tort Law" Article 36 of the network service providers into direct infringement and indirect infringement. Section II analyzes the subjective aspects of the network service provider violations.The third part is the point of contention research network service provider liability in tort.The first section analyzes the network service provider imputation principles of tort liability,I believe that the network service provider should apply the principle of fault liability.Section II analyzes the network service providers as well as jointly and severally liable inaccordance with the right of recourse.The fourth part is the improvement of the network service provider tort liability legislation.The first section analyzes the current situation and problems of the network service provider tort liability system. Section II on the basis of the first section, have put forward a comprehensive proposal. I hope this can provide a lot of controversy on the Internet service provider tort liability system proposed clearly defined, so as to better improve the network service provider tort liability system, promoting balance the interests of all parties.