Improvement Of The Rules For The Recognition Of Network Operators' Tort Liability

The application of the Internet has penetrated into all aspects of life,and social activities such as entertainment,work,and socialization are increasingly relying on the Internet.At the same time,bad behaviors on the Internet,such as cyber violence and human flesh search,are rampant.The network environment needs to be regulated and the infringements need to be resolved.The core of solving the network infringement problem lies in how to identify the infringement liability of the network operator.Although the Chinese law has made relevant provisions on the infringement liability of the network operator,the author believes that there are still many places that need improvement,such as whether the network operator should pay attention to it.Obligation,whether it should review all kinds of information on the network.Therefore,the problem of the network operator's tort liability determination rules needs to be further improved.This article focuses on the duty of care,from the perspective of several infringement modes and fault patterns.Firstly,because the indirect infringement of network operators and the direct infringement of network users constitute concurrent infringement,and the joint and several liability with network users should not be real.Secondly,in order to maintain the order of network environment,the duty of care is regarded as the duty and responsibility of network operators.In most cases of network infringement,judges use the duty of care to judge whether the network operator has subjective fault.Whether the duty of care exists and whether the duty of care is fulfilled is an important issue affecting the trend of the case.Therefore,the author suggests adding the subjective fault form of "knowing" and taking whether the duty of care is fulfilled as an important criterion to measure the subjective fault,which refers specifically to whether the infringement is obvious or not,and whether the infringement content has been treated to judge whether it conforms to the known fault form.The so-called obvious infringement refers to whether there are words,sounds or pictures which can cause strong discomfort in the information uploaded by the network users.If there is and the network operators do not take relevant measures to continue to let the spread of information spread,it is that they have not fulfilled their duty of care and constitute a known form of fault.Whether or not the network information has been processed by manual interference is mainly used in the field of intellectual property rights,such as copyright.Processing shows that network operators must take care of the processed information.Finally,the exemption system or the shelter system plays an increasingly important role in the process of dealing with network problems.By revealing the system,user hierarchy system,and rational designation of the system,this paper avoids the network operators from being overly responsible.It also conforms to the trend of the times to balance the obligations and rights of network operators and limit their responsibilities through the exemption system.Regardless of the mode of responsibility,subjective fault and exemption,the author believes that they are all important aspects of the rules of liability determination of network operators,and these three aspects can constitute the basic framework of the rules of liability determination.