China's Network Storage Service Providers Help The Judicial Referee Practice Research On The "duty Of Care" In Tort Liability

With the development of digital network services,the impact of the traditional film,television,music,entertainment,games and other industries,it brings great challenges to China's traditional copyright protection.The distinguishing feature of network infringement,such as low cost,wide range of in large quantities,hit hard and many other features,makes common network infringement confronted with many difficulties.The early years for network service providers should do is "duty of care" or " examine obligation".But in recent years with the relevant laws,regulations and the Supreme People's Court issued a judicial interpretation,for network service providers should do "duty of care" has no too many differences.Nevertheless judicial practice in many cases referee results still have a larger referee differences.For the cognizance of network storage service provider's infringement and the determination of the reasonable "duty of care",the trial of each court has different assurance scales.Similar cases of different judgments,the same factor identified around the court or each judge grasp there is a big difference,the interpretation of the law is also very differentThis paper is based on the network storage service provider of the "duty of care" of the judicial practice.Through cases analysis,I summarize the practice around the court and different trial results.At the same time,I analysis of different trial results,summed up the practice of different courts,different judges for the "duty of care" trial differences,as well as nearly two years of trial trends.Through summurise some important factors affecting court trial in practice,I want to balance the interests of network storage service providers and copyright owners,put forward my own proposals.This paper consists of four chapters:Chapter one:Classification of network service providers.Describe network storage service provider and study the tort liability and the duty of care of the network storage service provider.Then,summarizing the successful research of scholars through which I can sum up the adding infringement and duty of safe of the network storage service provider.Chapter two: Study massive cases and select 71 to carry out research.Summarize the controversial focus of the case and study the types of infringing works,the professional level of the network storage service providers,the visibility of the works,whether directly access to the economic interests and the rights of copyright holders.Chapter three:Summarizethe problems found in the study of the relevant cases.Chapter four:Put forward my own proposals.