Research On Network Tort Liability

In the late 1980 s,the surging tide of the Internet finally landed in China.Since then,with the constant breakthrough of network infrastructure and network hardware and software technology and the significant cost reduction,the network has gradually entered the ordinary people's life from scientific research institutes,and the virtual concept has become a real experience.In recent years,with the rapid spread of mobile network terminals,the Internet has completed a new round of expansion of production and living,and the number of people using the Internet has grown by tens of millions per year.The profound influence of the Internet and the transformation of people's working methods and lifestyles have exerted tremendous influence on society in multiple dimensions and in various perspectives.The charm of the Internet lies in making the flow of information unprecedented and smooth,and the interactive relationships and operational logic of the elements such as people,finances,and objects are reshaped.People's observations and judgments about social division of labor participation and life role play have also been repositioned.Traditional infringement is also given a new interpretation in the Internet era.The issue of online tort liability came into being.This paper mainly puts forward four questions from the four perspectives of tort liability subject,and responds by combing the basic theories of online tort liability and summarizing the experiences of extranet tort liability.The first part is introduction.The main content is a literature review of issues related to online tort liability,as well as the background of the article's writing,research purposes,research methods,etc.The second part is the basic theory of online tort liability.It mainly studies the basic theories of network infringement and online tort liability.Among them,the concept and characteristics of network infringement from the perspective of the penetration of the network to the phenomenon of infringement,on the basis of existing research results for a new summary.The features of network infringement are summarized in five aspects:network infringement subject,network infringement object,network infringement behavior and so on.The basic theoretical part of the Internet tort liability describes the good aspects and deficiencies of China's current online tort liability legislation.It also involves the classification of online tort liability and the principle of attribution of liability.The main content of the third part is to propose several issues to be solved.As for the main body of online tort liability,the issue of liability of network users in network infringement has always been simple to deal with.From the microscopic point of view,this paper puts forward the influencing factors of online users' tort liability and the distribution of responsibility among network users with different roles.The academic community has always been controversial about the form of online tort liability,and it has great doubts about the setting of joint and several liability.The author hereby elicited questions and made preparations for making recommendations.The notification rule is an important rule in the online tort liability system.At present,there are many problems such as the relatively simple process and the counter-notification rule.In terms of the issue of exemption,there is an issue of general exemption from the issue of online tort liability;at the same time,it is necessary to explore special reasons for exemption from online tort liability.The fourth part mainly introduces the experience of the tort liability of extraterritorial networks.Corresponding to the third part of the issue,the author focuses on the legislative experience of the United States,Britain and other countries in recent years.There are also practices in Canada,Germany,Japan,and other countries.The fifth part is based on the basic theory and extraterritorial experience,and proposes legislative proposals on the issue.It fully explained and demonstrated the suggestions for the identification and investigation of the responsibility of network users and the re-shaping of notification rules,and put forward their own opinions and viewpoints on the joint and several liability of network service providers and the liability for the infringement of network torts.At the end of the article,the full text is summarized.