Research On The Tort Liability Of Internet Service Provider

Since the first computer was born in the United States,the Internet came into being.For decades,the pace of development of the Internet quickly make people too busy to attend to all.The development of network brings great convenience to people's work and life,and it also causes infringement to network users while enriching social content.As an ordinary network user,as long as participating in the network interaction,it becomes the potential object of infringement,and the legitimate rights and interests are faced with the risk of being infringed at any time.The implementation of network infringement not only exists in the network users,but also is hidden in the network service provider.Whether from the cognitive level of the network or the technical control level of the network,the ordinary network user is more like the controller of the network than the network service provider.The demand for legitimate rights and interests has been increasing day by day,and the importance of research on the tort liability of network service providers is prominent.Through collecting data,the research literature at home and abroad,combined with their own shallow knowledge,starting from the theory of civil law,the tort liability of Internet service provider along found the problem,ask questions,research questions,solve the problem of the classic idea of using various research methods of multi perspective.First of all Internet service providers and Internet service providers tort liability is defined,then the Internet service providers tort liability imputation principle and constitution were clarified,and then discusses the shortcomings of the legal system of our country at present,and finally put forward reasonable suggestions.This involves not only the search for foreign literature and scholars,but also the analysis of the current situation in china.Through the detailed analysis of the topic of the network service provider,this paper sorted out the starting point of the discussion,that is to distinguish the different service types provided by the network service provider.This paper relates to the laws and regulations of "tort liability law","Supreme People's Court on the trial of infringement of the right to network dissemination of information civil dispute case law applicable to a number of the provisions","on the trial of the use of information network to infringement of personal rights dispute cases in civil law applicable to the provisions of a number of issues" etc..