The Study On The Legal System Of Safe Harbor Rules

The notification removal system means that the rights of the right person can be given the right to notify the network service provider to delete the infringing content in the event that the rights of the right of the right of the network service provider are infringed.The system of notification removal is the introduction of a safe haven system in the United States under the background of the great data age in the late 20 th century,and its purpose is to establish the legal mechanism of rights holders' rights and effectively stop the infringement Behavior of the occurrence,coordination of rights holders,network service providers,the interests of the infringing people to promote the healthy development of the network industry.Now China's major video sites to seize market share compete with each other,the contradictions continue to appear,showing the domestic intellectual property protection of the chaos,but also show that the removal of the system after entering the country did not reach its established purpose,this reason Not only contains the design flaws in the existing legal system,but also the problems arising from the collision between the right holder,the service provider and the network service object.Domestic reference to remove the system,only to select the main content,the legal provisions of the obvious shortcomings.The United States is a case law country,so it can continue to improve the system of notification by using the jurisprudence in the judicial activities to deal with the above-mentioned problems.China to comply with the civil law system,the law of the law,must be related to the relevant legislation before the implementation of the legislation.This article from the real estate in all areas of intellectual property in real terms,analysis of the domestic notice of the removal of the notice can not be a good way to restrict the situation of network infringement,put forward the perfect proposal.This paper attempts to analyze the legal principle of the notice removal system,the various associations of service providers and right holders and network users,the basic concept of notification removal system,the form of the notice and the content requirements based on the basic concept of notice removal system.It focuses on the exploring the obligations of service providers and studying the specific application of these related theories,and then comparing it with the US system.After effectiveness of these analyses,this paper finally comes to some recommendations to improve this system.Through the situation of this system's application in all aspects of intellectual property,we can see that there is a situation that the responsibility system cannot be determined and the abuse of rights exists in the judicial practice.Therefore,the author thinks that the problems in the trial practice are mainly caused by the institutional defects.We cannot be completely,directly copy of the relevant provisions of the United States.Finally,the author thinks that the current notice removal system should improve the process of legislation and being supplemented by other efficient and convenient way to develop a reasonable application of the rules and effective measures.