Font Size: a A A

The Research On The Indirect Infringement Of Internet Service Provider

Posted on:2019-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:S Y KongFull Text:PDF
GTID:2416330545464808Subject:legal
Abstract/Summary:PDF Full Text Request
Civil disputes that take place on the network are abstracted to the civil legal relationship between the tripartite subjects,that is,network service providers,network users and others by Civil Law.Among them,the research on the responsibility of network service providers has great practical significance and theoretical value.On the one hand,indirect infringement of network service providers caused by infringement of network users is peculiar.Specifically,Article 36 of the Tort Liability Law that provides indirect infringement of network service providers is described in Chapter Four,On the other hand,the indirect liability of network service providers in the case of infringement of network users is also a normal problem in network infringement.Therefore,to solve the problem of the liability of network service providers in the case of infringement of network users is small enough to play the role of clear responsibility,guiding behavior and achieving the purpose of determining disputes over the Internet service providers,so that the entire Internet industry development can be led through the regulation of network service provider liability Direction and even the macroeconomic performance of the country have a significant impact on the role.Therefore,the establishment and settlement of the responsibility of network service providers during the infringement of Internet users is a civil law issue of great research significance.In this paper,Wei Jingshun and Tudou accused of infringement of information network dissemination rights as the object of the network service provider indirect infringement identified the constitution of indirect infringement and indirect liability issues such as research to clarify the responsibility to establish and bear the premise that First clear the concept of network service providers.The concept of "Internet service provider" is used in article 36 of the Tort Liability Act,but it is not specifically explained or classified.At the time of imputation of infringement of network service providers,no matter from the principle system of imputation or the fairness,the principle of liability for fault should be chosen.The establishment of tort liability of ISP includes four aspects: infringement of ISP;damage suffered by infringer;causal relationship between IP infringement and fact of damage;existence of ISP;fault.In judging the existence of network service provider fault,can be combined with "timely","necessary measures","know" and other laws and regulations to understand the vocabulary to judge.The forms of indirect tort liability of ISPs have been more controversial in academia.Some argue that they are jointly and severally liable,while others claim additional liability.I believe that the responsibility is more reasonable,the article will be combined with the case analysis.
Keywords/Search Tags:Internet Service Provider, Indirect Infringement, Fault, Responsibility
PDF Full Text Request
Related items