On The Indirect Tort Liability Of Network Service Providers

The Internet is increasingly impacting on people's production and life,at the same time,its related legal issues are endless,network infringement is one of them.Because of the particularity of the Internet itself,there are obvious differences between network infringement and traditional infringement,and network service providers play an important role,so we need special regulations on that.Based on the theory of indirect infringement,this paper analyzes the current situation of legislation on network infringement in China,analyzes the principle of imputation,the rules of notification and removal and the terms of knowing,and finally puts forward some suggestions on the current situation of legislation in our country.The full text to remove the introduction,conclusion,is divided into the following sections:In the first part,the concept and classification of indirect infringement are discussed.According to the research results of experts and scholars in China's legislation and related fields,the basic concepts of network service providers are expounded,and their meanings are defined.According to the characteristics of network service providers,it is divided into two categories: intermediary service provider and content service provider,and defines the scope of this paper as an intermediary service provider.The second part focuses on the analysis of China's legislation on the infringement of the network,the "tort liability law" and "Information Network Transmission Right Protection Ordinance" as the basis for the framework of the Supreme People's Court on the infringement of information dissemination network of civil disputes cases applicable law The Supreme People's Court on the use of information network infringement of personal rights and interests of civil disputes in the case of a number of issues applicable to the law "and other laws,regulations and related judicial interpretation,the use of fault liability principle of fault;And remove the "rules"," know" terms;China's existing legislation to ignore the responsibility of the direct harm to the prosecution,the relevant concepts to be clarified and other issues.The third part of the United States,the European Union,Canada,South Korea and other countries on the network service providers indirect tort liability legislation introduced and analyzed for the improvement of China's legislation to provide inspiration and reference.The fourth part of the network service providers to improve the indirect liability of the legislative proposals.First,to support and encourage the development of technical protection measures,the network users into the network of the main responsibility for infringement,to build a balance of interests mechanism;Second,according to the type of network service providers to distinguish responsibility,"notice and removal" system specific content,Service providers in the "notice and removal" system in the position of "know" the concept of clear and other network indirect tort liability specific system to improve the proposal.