Research On Tort Liability Of The Internet Service Provider

Nowadays,we have entered the information age.Along with the Internet,the communications industry is increasingly updated and development.In the virtual and reality interwoven network world,while enjoying the convenience,fast and low-cost,with the help of the network platform,the tort cases appear.In the absence of strong network supervision,the network tort continues the characteristics of the network itself,infringement of personality rights,intellectual property rights and property rights cases are not uncommon.This topic "new" mainly because the network service provider as the tort corpus participation,as a media platform of the major network service providers,the main business covers the dissemination of information and network access services,and so on,in the information society has a very important role,but also easy to get involved in the network infringement disputes.In this paper,the author studies the network service provider's behavior and responsibility in the network infringement.The problem of network tort has already been highlighted,for the network service provider's tort liability problem cannot copy the traditional tort theory,so how to innovate the tort theory and not with the traditional theory,it is a new topic in urgent need of discussion.Responsibility and obligation are dialectical unity,this article revolves on the duty and the responsibility,according to discovers the question,analyzes the question to solves the question the thought to carry on the research to this topic.In view of the problems existing in the Network service provider's responsibility,the four constituent elements of the tort are on the way,and the foreign legislative examples are discussed.Because the causation and the damage result element and the common tort behavior are not only different,this article only carries on the research to the tort behavior,the subjective element question,finally all belongs to the network service provider Tort liability responsibility question.The author of the above writing framework and ideas,the article is divided into three chapters to elaborate: The first chapter from the Network service provider tort of tort constitutive requirements,first introduced the way of tort,and lead to the main discussion of indirect tort.Secondly,although the tort of network service provider still belongs to the general tort mode,it will inevitably be different because of the intervention of the platform,and the research on particularity can help to lay a theoretical foundation for the investigation of tort and responsibility undertaking,and finally to analyze the specific ways of tort.Chapter Two discusses the subjective elements,clarifies the malpractice,value basis and academic theory of the 36 th "notice rules" 2nd and 3rd item of "tort liability law" and "know the rules",and puts forward the innovation Regulation on the notification rules on the basis of this theory.The third chapter discusses the fate of responsibility,from the subject of responsibility,form,imputation principle and scope of several angles into the analysis.Each part of the thesis refines and analyzes the deficiency of the existing network service provider's tort liability,and then puts forward concrete suggestions to improve it.