Research On The Tort Liability Of Information Network Transmission Right

In recent years,with the development of science and technology,the Internet era brand under the daily occurrence of a series of major changes,this is a bittersweet time for the right of information network dissemination of copyright.The legitimate rights and interests of the right of information network transmission are both opportunities and challenges in the face of technology.Although China’s "copyright law" on the definition of the right of information network dissemination is more clear,but after all,science and technology has changed for many years,inevitably some lag.Right of communication right of information network now has many new ways and means,in the face of huge IP transaction costs and low cost of infringement,network infringement rampant wantonly by the violation of the right to network dissemination of information for the infringement of the legitimate rights and interests of people put on the cloak of technology way way.In the face of these challenges,how to establish a reasonable standard of tort liability of information network transmission right is a question worth considering.April 2016,deputy director of the National Copyright Administration Yan Xiaohong pointed out that in the future for quite a long time in China will be in a high incidence of copyright disputes,network copyright protection will have a long way to go.This paper adopts the research methods of literature analysis and case analysis,based on in-depth analysis of some specific cases to clarify the basic overview of the right to network dissemination of information,analysis of information network transmission right of specific tort,in-depth analysis of information network transmission right infringement liability principles and elements are found at present,China’s legal problems in order to put forward some solutions.This paper is divided into five parts:The first part is the introduction,including the purpose of the topic,the significance of the topic,research status at home and abroad,research methods,research ideas and the innovation of this paper.In the introduction part,the author introduces the current research situation,research methods and research ideas,and lays a solid theoretical foundation for this thesis.The second part is to introduce the concept and characteristics of the right of information network dissemination,and focus on the characteristics of the tortliability of the information network transmission right.The characteristics of tort and the representations of the third part introduces the right to network dissemination of information,with a rich case,in order to make the theory and practice more closely linked,vividly showing the infringement of the right of information network dissemination scene.The fourth part is the focus of the chapter,the analysis of the information network communication rights of the principle of the dispute,in order to find out the background of the current legislation in the right of information network communication problems.In the fifth part,the author tries to put forward some solutions to the existing problems.