The Notification Rules And Anti Notification Rules Of Tort Liability Law

Network infringement as a new type of knowledge infringement,but this does not mean that it is in the principle of imputation,constituent elements,responsibility and other aspects of the difference,but mainly because the network infringement is occurring in the network on the basis of this special platform.In particular,network infringement is implemented by the network platform provided by the network service provider,usually involving the three parties(the infringing network user,the infringing network user and the network service provider),and the network service provider and the infringer implementer Between the subjective state of mind,damage prevention and effectiveness of the existence of significant differences.China's relevant laws and regulations from the practice of China,2010,"Tort Liability Law" in summing up the existing experience on the basis of the introduction of notice rules in Article 36,its scope of application to extend the scope of protection within the scope of all civil rights and interests,And establishes the general rule status of the notification rule in the case of network infringement.But there are also laws and regulations do not involve anti-notice rules,so that the exercise of the rules of the rules there is an imbalance;network service providers as one of the main body of the network infringement,scope and conditions of use have not been clearly defined;The provisions of the rules are too rigid,notice rules and anti-notice rules of the conditions are not specified and other aspects of the problem.The law of the provisions of the fuzzy and rigid,so that the rules of notification and anti-notice rules in the academic controversial,there are contradictions in the practice of use.Through the study of the relevant legislation of the United States,the European Union,Japan and China Taiwan,according to the practice of our country,we can learn from it.In academia,professor Wang Liming and associate professor Xiong Wencong think that the notification rules is along with the network development to the legal system of the establishment of the necessary way to improve,there is a clear stipulation of necessary,so that the notice and counter-notification in a state of mutual checks and balances in order to ensure that the rights of network users are fully protected.Another view is that the establishment of an anti-notification rule is simply a reference to the legislation in China,which is not suitable for China's internet development.The different services provided by the analysis of the different conditions of their exemption,can not be generalized,clear notice and anti-notice to exercise the elements,so that the right to exercise without flaws.Only to correctly understand the relationship betweenthem,a comprehensive consideration of the interests of all aspects of the subject,a positive interpretation and interpretation of the law of social development on the basis of the rules and anti-notice rules continue to improve and supplement the content in order to better Constructing and Maintaining China 's Network Social Order.