A Study On Some Problems Of Infringement By Network Forwarding

Since 2009,'Tort Law of the People's Republic of China' added the thirty-sixth note about network tort content,related research in the field of the law increases likely the bamboo shoots after a spring rain.However behind the rapid development and fruitful,it is difficult to avoid the hidden problems,the legal research network forwarding tort behavior and the related results are relatively scarce.Along with the increasing of forwarding behavior,forwarding tort is increasing frequently,gaps in the study of issues related to the forwarding tort of the binding is very pale,malicious forwarding behavior rises act,it is hard to purify the network environment.The influence of network tort by forwarding behavior in different subjects,different ways of forwarding,the content and form of tort is complicated,different cases need different angles to investigate.In this paper,for different network forwarding tort,we give specific legal analysis.Because there are few research achievements in related fields,this paper has strong innovation.At first,this paper discusses the concepts of network forwarding behavior and forwarders,and its internal relations in detail,namely why forwarders need to responsible for the consequence which comes from his forwarding behavior.Then,combined with some characteristics of the network tort,we summarized the characteristics and forms of the network forwarding tort,based on the principle of responsibility imputation of our country,we bring out the principle of responsibility imputation that fit for the network forwarding tort problems.Finally,the core of tort is the liability for tort,in this paper,we give the network forwarding tort confirm principles based on the general liability for tort of constitutive requirements.Finally,according to the distribution of the liability for tort,different roles play a different status by the specific situation changing,in this paper,the different situations between each tort subject responsibility assignment problem is discussed,and we present a comprehensive conclusion.