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The Joint Responsibility Of The Online Shopping Platform Service Provider

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y J PengFull Text:PDF
GTID:2356330485493143Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of Internet, our daily life becomes rich and colorful, we are enjoy that it brings huge convenience at the same time, the network disputes also quietly com, the majority of network shopping platform of infringement disputes. As the tort liability act, the network shopping platform to solve infringement dispute has a clear legal basis. But network development, limited text doesn't solve endless disputes, so the research of network shopping platform server are jointly and severally becomes very important. But because the law is not careful, the judicial practice in the cognizance of jointly and severally liable to the network shopping platform server will still be difficult, the network shopping platform provider informed by the infringer for what is considered "notice"; Network shopping platform server know infringement occurs, what is considered to "know"; Network shopping platform server did not take the necessary measures, to what is considered "necessary measures". In the face of these problems, we can be on the premise of respect for law regulations, further explanation for these fuzzy rules, "notification" may be required to have a certain element is valid; "Know" can draw lessons from foreign legislative understood as "knowledge" and "has reason to know"; "Necessary measures" to clear the necessity and the limit. Based on these concepts to further explain, jointly and severally liable to the we concluded that the network shopping platform server issues have certain guiding significance.
Keywords/Search Tags:contributory infringement awareness, the necessary measures, joint and, several liability
PDF Full Text Request
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