Research On Tort Liability Of Network Service Providers

Nowadays,the rapid development of network technology covers all aspects of people's lives.People are often able to carry out a series of activities on the network platform,so that they can understand the world without leaving home.However,every coin has two sides.While enjoying the new experience brought by the network,people are often affected by the negative effects brought by the network malpractice,and even rise to the legal level.As far as the current network system is concerned,Because of the particularity of the network,the subject of network tort responsibility must include the platform itself,which is also one of the best ways to coordinate the interests of network service providers,network users and rights holders.In the current legal research,how to achieve the balance of these three is still a problem worth pondering by domestic and foreign scholars.Taking the “Tort Liability Law” as the background,this paper explores the issue concerning the tort liability of Internet service providers.This paper is composed of five parts.The first part,the introduction stage,carries on the comprehensive elaboration of the present domestic and foreign research background,the current study situation as well as the research significance and so on,which makes this question research have the trace to follow.The second part,from the relevant concepts,service types,and criterion of liability provided by the internet service,systematically elaborate the construction factors of the internet service provider's tort liability,and mainly analyze the reasonability that internet service provider should take principle of liability for fault.The third part applies the method of case analysis based on the second part to analyze the characteristics,liability partitions,obligations and so on.of the tortious liabilities of Internet content provider and Internet platform service provider respectively according to the different service categories of Internet service providers.The forth part,after clearing the relevant problems of the internet service providers' tort liability,use comparative analysis to research the tort liability of internet service providers in US.Because our country's Tort Liability Law is influenced by the safe harbor of the United States,through the investigation and reference of American safe harbor,some methods for dealing with similar problems in our country are extracted.Synthesizing the content above,when carrying on the strategy analysis of the network platform infringement,we should closely combine the reality,and try to find the proper balance point among the three subjects,at the same time,provide the corresponding system guarantee through the perfection of the law.As far as the formulation of the law is concerned,we should not only aim at the theoretical benefit,but also combine the theory with the practice to deal with the problems in the social life so as to realize the best effect.