Research On The Legal Protection Of The Right To Disseminate Information Networks

With the rapid development of network,more and more information is being published online.However,more and more legal disputes and relevant cases are increasing as well.It's necessary to discuss and find the solutions to the problems about how to protect the right of information network dissemination.This article is based on the conception and features of authority of information transmission,introduces relative regulations about these authorities and some actual experiences.Meanwhile,it gives examples some relevant regulations from developed countries and from international main protocols about authorities of information transmission.It offers some critical issues that needs to solve,by analyzing the puzzles that exist in current law practice.For example,unauthorized transshipment,downloading behavior of qualitative,jurisdiction confliction,unclear compensate rules,internet service company endure of subjective mistake etc.This article use real evidence analyze,logic analyze comparison analyze ways,analyze relevant laws that inland which protected for it,and analyze by comparison for same issues and relevant laws for other countries in the world.Then combined the physical truth in our country to analyze and provide recommendations for few questions in this article.Firstly,ensure the scale of jurisdiction reasonably,and the standard legally for act of transmission and downloading.Secondly,ensure the rules of jurisdiction logically: under the circumstance that multiple courts have the right to deal with the case,the court that is the closest to the address of the case that happened does the job,meanwhile,the author suggests add more jurisdiction to the place of the plaintiff's address.Thirdly,define the compensation standard.It can help regulate the judge's right of discretion.Fourth,it comes up with opinions for internet service ensure the subjective mistake,when it applies the “Notification deletion rule”,it can judge if it is correct or not,about the timely deletion behavior of internet service company,it should provide reasonable period to judge if it's right or wrong for subjective;when it applies the “Notification deflection rules” identical it needs to be clear the rules of “obviously” thereby when the judges have specific quantitative criteria when they use this rule.The recommendation in this article will be good practical significance for improving law protection of the right of information network dissemination.