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Applicable Research On The Notification Rule Of Network Reputation Infringement Cases

Posted on:2019-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y K SongFull Text:PDF
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With the development of computer and Internet technology,people enjoy the convenience of the network for life,and also suffer from the Internet torts.In order to regulate the new type of tort liability in form of network infringement problems,our country promulgated in 2010 "tort liability law of the People's Republic of China"(hereinafter referred to as the tort liability act paragraph 2 of article 36: "Internet users use the web service implementation of the infringing act,the patentee has the right to notify the network service provider to take steps necessary to delete,block,such as links to disconnect.If the network service provider fails to take the necessary measures after receiving the notice,it shall be jointly and severally liable to the network user.This provides for the "notification rules" as described in this article.The establishment of "notice rules" clarifies the responsibility of network service providers in network infringement cases and promotes the citizens' maintenance of their civil rights.However,due to the generality of the rule to the "notification" behavior of the infringed,the application process may cause different subjects to have different understandings of the provisions,thus affecting the judgment of tort liability.Based on the "Qin Zhang v.Beijing HuaWang HuiTong network technology service co.,LTD.Reputation dispute" as an example,the "notification rules" Internet reputation infringement cases in the judicial application situation are discussed in detail,and in view of the "notice" qualified to issues such as the legal analysis,finally through to the selected case summary,put forward the perfect "notification rules" applicable Suggestions in the judicial practice.Apart from the introduction and conclusion,this paper consists of three parts.The first part introduces the case of "Qin Zhang v.Beijing HuaWang HuiTong technology service co.,LTD.".Through the description of the basic case,the summary of the referee's message and the analysis of the case dispute point,the author points out that the "notice rule" is applicable to the disputes caused by the deleted "notice" issued by the infringed.In the second part,the author analyzes the dispute of "notice" from the Angle of jurisprudence.First of all,based on the definition of the issuing and receiving subject of the relevant notice,based on the property of the "notice" issued by the infringed,the subject is determined as the appropriate sender and receiver.Secondly,it analyzes the form,content and channel of "qualified notice" to explain the content of a "qualified notice" and the channel of transmission that should be taken;Finally,the effectiveness of the analysis notification and the effectiveness of the network service provider,especially the "notification",is the responsibility of the Internet service provider.The third part,firstly,summarizes the cases selected in this paper,and finds that the disputes in the case are caused by factors such as the form of notice of rights and the unclear channels.Secondly,according to the problem of the case exposure,the content and form of the notice in the new legislation concept and the detailed judicial interpretation are respectively provided,and the defects and errors are added.Know the responsibility system,the network service provider to the introduction of professionals,on the judgment of the right to inform and establish a system of "counter notice" is put forward in this paper,five aspects,such as for "notification rules applicable Suggestions.
Keywords/Search Tags:network reputation infringement, notification rules, internet service provider, application of law
PDF Full Text Request
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