Research On Tort Liability Of Network Service Providers

In recent years,Internet technology has changed people’s way of life,accompanied by a variety of network infringement.Especially the globalization of today,the Internet into the world,natural person infringement,regional infringement and even global infringement intensified.In the process of information transmission,network service providers play a very critical role.The network is all-encompassing,contains a variety of disciplines,communication methods and speed is difficult to imagine,which makes the responsibility of a very wide range of ways.In the responsibility of the commitment,it is necessary to rely on the existing laws and regulations,but also weigh the healthy development of the network industry.However,due to China’s Internet industry started late,the relevant policies and laws and regulations do not match,resulting in a lot of infringement cases have not been effectively resolved,the rights and interests of people can not be guaranteed.Network infringement cases,due to more Internet users,mostly virtual name is the use of network resources,to seek responsibility,accountability has caused great difficulties.Coupled with the majority of Internet users after the implementation of infringement is not compensable,so many infringers will be targeted at the network service provider,asked to bear tort liability.Tort liability will restrict the development of network industry,and the tort liability is not conducive to the protection of network users,so how to coordinate the responsibility to achieve the balance of interests of both sides is the focus of this study and research value.This paper studies the problems of network service provider infringement.Firstly,it clarifies the connotation of network service provider and introduces the current legislative content of network service provider in China.From the clear network service provider infringement of the concept and characteristics of the start to study.By analyzing the experience of foreign legislation,we can see that foreign legislation is divided into network service providers.I believe that China’s network service providers should also be classified,so as to better divide the responsibility.Secondly,it analyzes the infringement liability of the network service provider from the object scope and the infringing form and contrasts with the general infringement.Different network service providers tort liability research,this part is the focus of this article.I will network service providers into content providers and technical service providers two categories.Combined with the elements of the infringement to analyze the characteristics and responsibilities of different classification of infringement.Finally,the legislative advice on the infringement of network service providers is made.The whole idea of perfecting opinions is to propose the perfect countermeasures for the shortcomings and shortcomings of the current legislation.