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The Research On The Joint Tort Liability Of ISP

Posted on:2018-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:L Y DuFull Text:PDF
GTID:2336330518452468Subject:Law
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Since the 90s of last century,the development of the Internet is changing the way that people live,the network is far into the daily life and becoming a category indispensable content,Internet has created an extremely free and border-less virtual world at an unprecedented speed.Cyberspace is not only the expansion and extension of real life,but also the challenges of legal norms and constraints.With the rapid development of economy and progress of science and technology,how to carry on the effective legal adjustment to the network space is the dual question of legislation and juice which this time must face.The research and practice of the rule of law in the Internet space focus on the category of tort Law in the national legal system,the thirty-sixth article of Tort Law is the special provisions on network infringement,the first item of the thirty-sixth article provides that internet users or network service providers shall bear tort liability if they use the network to infringe upon the civil rights or interests of others,this shows that the direct infringement of both should bear the corresponding legal responsibility.The third item stipulates if the network service provider has been aware that the network user infringes upon the civil rights and interests of another person by the use of its network services but fails to take necessary measures,it shall bear joint and several liability with the network user.So we can conclude that the important of the tort liability of Internet providers.The tort law requires not only the direct legal liability of the Internet service provider but also undertake the joint liability.So the research on the tort liability of Internet service providers is an important task endowed legislators,jurists and legal practitioners.At the same time,three aspects such as the concealment of the network space behavior,the paid service of the network service and the professionalism of the network service provider are the important realistic basis for the responsibility of the network service provider.In information technology age,a large part of the human life and production tasks are carried out by the network.In the process of using the network,people's personal privacy or information will inevitably be incorporated or saved in the media.Personality rights and intangible assets are the main objects of infringement from internet.The legal responsibility of network service providers is to protect the privacy of network users including the right of reputation,personality,portrait and other civil rights and interests.At the same time,the legal adjustment of the Internet should take these legal interests as the core.This paper mainly discusses from three aspects:the first part is an overview of the network service providers and their infringement,including the scope of the network service provider and the definition of responsibility;the second part is the basis of the network service provider's infringement line,including three theories of the academic circles and the shortcomings and development of the three theories.The third part is the status quot of the infringement of network service providers,including the similarities and differences between judicial cases,case studies and cause analysis.The last part is the perfect proposal of the tort liability system of the network service.This part contains three pieces of content,first of all,the clarification of the notice and remove rule,followed by the analysis of the individual infringement and the joint infringement,mainly in order to prevent the network service Providers through the Safe Harbor rules and the red flag theory to evade tort liability,and finally from the perspective of intellectual property law to prevent network service providers infringement.
Keywords/Search Tags:internet, network infringement, internet service providers, tort liability
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