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On The Composition Of Infringement Liability Of Network Service Providers

Posted on:2018-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:J J KongFull Text:PDF
GTID:2356330533461806Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the Internet industry is highly developed,people's vision is gradually changing from the convenience created by network to a variety of network infringement.The problem of network infringement is not beyond the general category of general tort,but also has its own characteristics,therefore,the reaearch on the issues of infringement of network service providers,should follow the basic system innovation in the traditional tort theory,in order to achieve a balance of interests.The economic base determines the superstructure,the western developed countries for research is bound to the network service providers infringement on the economic development of the Internet in China is earlier and more mature,we should be based on their actual legislative and judicial situation,actively learn from.In this essay,this paper uses comparative analysis and theory analysis to China's relevant laws and regulations covering the tort liability of Internet service providers(highlighting the tort law and judicial interpretation)are analyzed,and the reference of foreign legislation experience,issues related to the Internet service provider tort in the process of the explain,and larger issues of dispute are analyzed in-depth study.This paper is divided into four parts: The first chapter is about the basic theory of network service providers,mainly on the definition of the type of network service providers.The second chapter is the study on the imputation principle of tort of network service provider.The first section is about the legal basis of the tort liability of Internet service providers,the author extracts three views according to the academic circles,which provides the theoretical support for the further discussion.The second section is the comparative study of the imputation principle,and compares the current legal imputation principles in China and the United states.The third chapter is about the constitution of the responsibility of the network service provider,and emphatically analyzes the notice deletion rule,the meaning and the application of the rules.The fourth chapter is about the form of tort liability of Internet service providers.In this chapter,the author analyzes the basis of joint and several liability and the nature of the joint and several liability.In the layout of the article,the author mainly based on the viewpoint of explanation,interpretation of the applicable process of tort law and relevant legal documents in question,some of the controversial issues that its position,hope to solve the problem of the tort liability of Internet service providers to bring some new ideas.
Keywords/Search Tags:Internet service provider, Tort, Imputation principle, Tort liability
PDF Full Text Request
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