Theory Of The Right Of Informational Network Communication Through The Civil Law Protection

With the rapid development of network technology, constantly updated of using the Internet, digital technology has come into our lives, and has become the integral part of our life, the same time, information network transmission behavior has been an important part of the digital network age. The holder of the creation disseminate works in the network, and network users get work, hundreds of millions of Internet works in a twinkling has spread around the world in exchange for information sharing and resource utilization has brought great convenience. However, because of the easy access to the network, the secrets of the infringement and the characteristics of low cost and high return, the phenomenon of infringing the right of information network transmission is rising year by year, protecting information network transmission from the infringement, it is urgent to protect the healthy development of the network environment.This paper briefly introduces the background of information network transmission right, infringement and the research process of scholars at home and abroad, which leads to the purpose of writing this paper. The expectation is on the basis of predecessors'research, for the civil law protection of information network transmission right to make recommendations. The paper is on the basis of the theory of information network transmission right, it introduces the concept of information network transmission right, characteristic, content, rights discrimination. Information network transmission right is a copyright owner's right of proprietary, has the characteristics different from the traditional rights and difference between similar rights. Investigate the infringement of the right of communication information through network, through the introduction of the case in detail, at present main types of infringement information network is introduced in China, such as expounds the components of the infringement, according to specific situation to choose, including the harm behavior, subjective fault, damage the fact, the causal relationship between the four elements, to protect our country's information network transmission right infringement tease out a more detailed way. By comparing the domestic and international protection system the right of communication information of information, based on our current laws and regulations, found that some of the information network transmission right protection in China's legal deficiency, such as the legal regulatory scope too narrow, the imputation principle is not clear, the network service providers tort liability is not clear and safe haven rules and technical measures of imperfect and so on. Combining foreign legislative experience, in view of the deficiency of information network transmission right in our country, the information network transmission right protection of civil law of our country puts forward personal opinions, the scope of legal regulation, enlarge the regulation range of information network transmission right to interactive communication behavior clearly covers to information network transmission right protection. The contents of the legislation, the network service provider be arranged to determine its tort liability and the principle of imputation, reasonable haven regulation is build, clear the technical measures of the right of communication information through network system in China, introducing the compensation system, under the existing legal system, perfecting the system of information network transmission right protection of civil law in our country.