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On The Improvement Of China's Network Tort Civil Liability System

Posted on:2016-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:X C HuFull Text:PDF
GTID:2356330512475221Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the development of Informational Network Technology has permeated through all the aspects of society and the social life keeps changing,the human being's life is moving into an era of information.Besides huge amounts of information,the particularity of the network information transmission also provide a relatively loose environment which is short of regulation to the social deviant and infringed upon the legitimate interests of citizens.After many years of legislative mileage,basic network tort civil liability system has been set in our country,which makes the ascertain of network infringement be prosecuted.However,some legal loopholes still need to be investigated,and a large number of different legal documents applied at the same time which at the result makes the system not systematic sufficiently.In this article,the author uses the methods such as the system analysis,value analysis and comparative analysis combined with the latest legislative achievements to analyze this issue.The essay divide into four parts,which sort the legislative status of network tort civil liability system,to distinguish the provisions of applicable rules,to strip factors which hinder the system and regulate the infringement behavior effectively,to improve the system of network tort civil liability.The first part is the basic theory of network tort civil liability system.Firstly,introduce the concept,characteristics and classification of network tort,define the essence of the network tort is a kind of network transmission tort.Then introduce the network tort is divided into direct responsibility and related responsibility.It analyses rules of ascertain of the network tort civil liability upon the "notice to delete rule" and"know the rules,"which lay the foundation for the following comprehensive evaluation network tort civil liability system in our country.The second part is the defects of the system of network infringement civil liability in our country.Through the latest two judiciary to explain the constant fill of the defect in system in our country',but there are still many problems such as:it doesn't distinguish the subject of legal responsibility,"notify the delete rule" is insufficient and protection of the individual rights is inadequate as well,the whole system is not systematic enough and the legislative value is far away form the safety hazard.The third part is the investigation of the network tort civil liability system abroad.This part mainly examines the Germany and the United States legislation exploration of network infringement,and we found that this countries regulate the network infringement through distinguished the subject of legal responsibility as well as the interest object seriously,set the strict liability for the exit of legislative mode.The fourth part is the improvement of the ascertain of the civil responsibility to the network infringement in our country.Concerning the shortcomings in the second part,combining with the foreign relevant provisions,basing on the local law resources,this part put forward the improvement of the operational ideas form the perspectives of special subject,duty of care,and perfect the content of network tort civil liability system,aiming to use the special terms to combine the network administrative norms and tort liability law seamless,reshape the network tort civil liability system,and finally realize the value of the security and freedom for the balance.
Keywords/Search Tags:network tort, network transmission, network service provider, civil liability
PDF Full Text Request
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