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Research On Notice And Takedown Regime In Cyber Torts

Posted on:2017-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y H JiangFull Text:PDF
GTID:2336330512468272Subject:Law
Abstract/Summary:PDF Full Text Request
Notice and takedown regime is an important civil legal system to solve the division of responsibilities in the field of cyber torts.Article 36 of tort liability law made a comprehensive regulation on it.But there is a big controversy on the question of meaning,nature,function and purpose.Resulting in a deviation applies in theory and practice.China's notice and takedown regime borrowed from the United States Digital Millennium Copyright Act's safe harbor principles.Because of differences in legal tradition and the basic theories of imputation.Resulting in the exotic cannot exactly match the current situation of social.The conflicts of interest among network service providers,network users and the rights of people were intensified with the economic and social development.Thus,this thesis is divided into five parts to approach the problem.The first chapter clears the basic meaning of notice and takedown regime,distinguish the type of internet service providers and its duty of care.Discusses the basic theory of the existence of the notice and takedown regime,analyzes the benefit game of internet service providers and victims,explores the benefit game of internet society and internet participants.The second chapter analyzes the historical background of the safe harbor principles of Digital Millennium Copyright Act,elaborates landmark cases to establish the United States safe harbor principles,explores the internet service providers responsibility regulations through the analysis of digital Copyright Act,and determines the nature of safe harbor principles.The third chapter discusses the legislative process of notice and takedown regime in our country,clears imputation principle of it,through the analysis of tort liability law.Clarifies the relationship between the second paragraph of article 36 and the third paragraph of article 36.According to the notice and takedown regime and red flag rule to explore the meaning and standard principle of know.The fourth chapter discusses the nature of the dispute.Respectively explains from the perspective of escape clause says and liability clause says.It indicates that China's notice and takedown regime should be characterized as liability clause,reflects the value concept of lawmakers to support the development of the internet.The fifth chapter indicates the deficiency of the notice and takedown regime.It leads to many social abuses.Need to improve measures to solve these problems,such as internet real-name system implementation,prevent the abuse of notification and counter-notification,strengthening public law enforcement.For this paper,it can accurately understand the cyber tort liability of internet service providers,complete notice and takedown regime,maintain law integrity and maximize the excitation function of the internet socialization.
Keywords/Search Tags:Cyber Torts, Notice and Takedown Regime, Internet Service Provider, Safe Harbor Principle
PDF Full Text Request
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