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The Establishment Of Tort Liability Of Internet Service Providers

Posted on:2020-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Z HanFull Text:PDF
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Currently,technology is developing at a high speed,a variety of network services have become an indispensable tool for dealing with social affairs in the work and normal life.At the same time,new forms of infringement are also emerging.Therefore,special legislation on the Internet is becoming more and more important.At present,there are still many problems in the civil law of our country,such as unclear legislative concepts,unclear specific regulations,chaotic regulatory systems,and poor wording of articles.On the occasion of the revision of the Civil Code,this article presents some personal insights.This article is divided into five parts.The first part of this paper introduces the key points and difficulties of network service providers in civil law infringement from four aspects:research background,research purpose and significance,research status at domestic and abroad,main research contents and research methods.In the second part,the cases of "Shuhu v.Youku" and "LeTV v." are different cases.The current cases of the Chinese courts identify the infringement of network service providers,and the focus of the case is disputed.The analysis leads to theoretical issues that need to be studied in this area.The third part is based on the definition and classification of network service providers,and puts forward suggestions on the basic provisions of network service providers,laying a good foundation for the system to determine the infringement.The fourth part is to analyze the imputation principle,specific establishment requirements and exemption reasons for the establishnent of the infringement liability of network service providers.The principle of imputation focuses on combining the representative legislation of foreign countries,and explains the legislative concept of the infringement liability of network service providers;the specific part of the specific requirements is compared with the general infringement requirements of the Tort Liability Law to explain its The special point of the identification;the exemption part of the focus notice to remove the rules,know the rules and the three-vibration clause,respectively,to supplement the establishment requirements,and at the same time lead to the core point of this article.The fifth part is also the conclusion chapter of this article,combined with the viewpoints mentioned above,solicited comments on the newly proposed Civil Code Tort Liability(the second draft of the draft)(2019-01-04 to 2019-02-03)The relevant regulations carry out in-depth graphic analysis,and propose perfect suggestions on the three aspects of the liability principle,notification removal rules and knowing rules for the establishment of the infringement liability of China's network service providers.
Keywords/Search Tags:Internet Service Provider, Tort Liability, Safe Harbor, Notices and Take Down Rule, Red Flag Test
PDF Full Text Request
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