Analysis Of The Reputation Tort Between Ms.Zhang And China.com

In recent years,many Apps have sprung up and developed,like Weibo,BBS,Tieba and so on.In the mean time,network subscribers have proliferated.However,this kind of progress is followed by a variety of infringements on the Internet,and there have been cases of depression due to unbearable online verbal violence and citizens' defamation,and even choose to suicide.The network reputation right tort has a wide spread and fast speed.Traditional reputation rights violations are incomparable.Different from the traditional reputation right tort,the network world involves"infringer"and "the infringed"two roles,and also includes network service providers that widely used by the public and has a new role in its services.However,what is particularly troublesome is how to determine their responsibilities,people are always unable to accurately judge their responsibilities.But the network is not a blind spot of law,and network behavior is also subject to the law.At this time,the internet world is changing rapidly,the types and types of infringements are numerous and varied.The successive infringements have brought a problem to the current legal provisions.Therefore,it is imperative to further improve the laws related to the reputation right tort of network service providers.Based on this,it is hoped that by analyzing specific cases and combining relevant laws and regulations,focusing on four components:Illegal behavior,damage facts,causal relationship and subjective fault so that we can deeply analyze some issues in the identification of the tort liability of network service providers.Specifically include:firstly.whether the network subscriber's complaints constitutes a reputation right tort or not?Secondly,Whether the China.com should bear tort liability or not?Thirdly,Whether the China.com can apply exception clause or not?Then rethinking the relevant legislation of network reputation tort reflected in current practice,and put forward a few reference suggestions on improving network tort legislation.Such as identifying different obligations for different types of network service providers,establishing "error notification responsibility mechanism" and "counter-notification system".