Research On The Responsibilities Of Internet Service Providers In Personality Infringement

Science and technology change life.Every progress in science and technology affects the life of mankind and even the operation of society as a whole."Internet language violence" is the social product that is derived from the development and popularization of Internet technology.Internet language violence is a large number of non-specific network users in the network environment,the parties to a hot event with persistent irrational abuse,slander or privacy and other acts,and real life violations of the personality of citizens There is no essential difference in behavior.Therefore,cybercrime violence is actually the personality abuse of the network.This kind of tortious behavior takes the network as a platform.The settlement of this tort can not be separated without the help of the network service providers.Therefore,cyber language violence is in fact a serious violation of the personality right of citizens.It uses the network as a platform,and the problem cannot be solved without the cooperation and efforts of network service providers.Therefore,it is necessary to regulate their responsibilities.For the network infringement,our country adopts the governance mode of "internet service provider centrism",transfers the responsibility of reducing the network infringement to the network service provider,urges them to fulfill the obligation through a series of system designs,otherwise,it must bear the law responsibility.The system is designed to fill the victim's loss but imposes an excessive liability on the ISPs(internet service provider)and runs counter to the West's legislative spirit of limiting liability for the ISPs.In addition to the introduction and conclusion,this postgraduate thesis is divided into fourparts:Introduction includes the topic of the thesis background,significance,the status quo at home and abroad and the research methods of this article.The first chapter introduces the importance of network service provider classification,and on the basis of comparing and drawing lessons from relevant theories and practices at home and abroad,it divides network service providers into four categories.The second chapter analyzes the significance of different imputation principles applicable to different types of subjects,and draws conclusions that the content service providers should apply the principle of fault and the other three types of presumption of applicable fault.The third chapter:By referring to the internet service providers infringement in the field of copyright infringement of the elements of the error,as well as analysis of network personality rights infringement network service providers for the fault elements of the theory and judicial practice,reveals the "tort law" Article 36 The "know" should include know and should know,and should know both intentional and negligent situations.The fourth chapter:Through the pons and cons analysis ofthe two types of responsibility forms of the network service provider's joint and several responsibility,the conclusion is drawn that this service subject and the user are more reasonable in terms of their share of responsibility.To sum up,the use of law also requires the cooperation of other social systems.In the long run,"network real-name system" may bring us a brand new online world.