Research On The Tort Liability Of Internet Service Provider

With the coming of the information explosion age,the network has a huge and far-reaching influence on human life,also appeared many problems,especially the network copyright infringement,in focus.How to make use of the traditional tort theory solve the problem of the emergence of new network infringement,the victim's legitimate rights and interests maintenance,has become an important subject in urgent need of academic field and practice field research.Compared with the general tort,network service providers tort has the main complex and diverse,site specific,intelligent behavior,vulnerable groups widely,multiple damage results,characteristics such as the difficulty of the responsibility,but both in essentially the same behavior.Therefore,the study of network service providers tort liability can not copy general tort theory in the traditional sense,nor lacerate intrinsic relationship with the traditional tort theory,must be carried out on the traditional tort theory under the new era of development and innovation,according to the characteristics of the network service providers tort,extraterritorial legislation experience for reference,to reinterpret laws,fill the blank of the law and in order to adapt to the trend of the development of the network chaoyang industry,balance interests of all parties in society,promote improvement of social welfare and the development of chaoyang property.In China,network service providers tort liability directly is type of the tort liability law article 36.The paragraph 1 of the direct infringement liability of Internet service providers,paragraph 2,3,respectively,has been clear about the network service provider to undertake tort joint liability two rules-"notification rules" and "know the rules",provides a more uniform in the practice of many issues of legal basis.Framework,based on the theory of the traditional general tort liability,the concept of network service provider network service providers tort characteristics and form of expression,the network service providers tort liability,and how to limit infringement etc.Try to make a more detailed analysis,makes every effort to clarify the related concepts and theoretical issues,to the tort liability law article 36 to conduct a comprehensive understanding and analysis,be perfected.Article mainly includes five parts,the first chapter is the introduction,the second chapter comprehensive domestic and outside two aspects,define the concept of network service providers,and discusses about several domestic involves network service provider's laws and regulations,foreign from America,Germany,the eu rules discussed in several countries and regions such as legislation,in-depth comparative analysis of the legislative practice.The third chapter introduces the network service providers tort several features to reflect the particularity of network service providers tort,must,as a special general tort and general tort don't mix.The fourth chapter from five aspects discusses the tort liability law article 36,including subjective fault of the network service providers tort,tort liability law article 36 of the kernel-the rules of "safe haven" of China's unique personality;The cognizance of the subjective state of "know";The defects of the system of virtual property protection as well as the deficiency of the rules of "prompt".On the basis of this puts forward the perfect article 36 advice,help our country civil code to compile.