Research On Tort Liability Of Inter Service Provider

With the rapid development of the Internet industry,people's social life has undergone tremendous changes.Some scholars have even put forward that the impact of the Internet on humans has surpassed the steam revolution and the electrical revolution.While bringing a lot of convenience and fun,the network tort also occurs with an increasing trend from time to time,and gradually arouses people's widespread concern,this is also because the Internet tort has a distinct characteristic that distinguishes from general torts,that is to say,it has the special subject of network service providers.There are a lot of theoretical studies on tort liability of network service providers in China,but there is a lack of research on it in practice,and no in-depth research.Compared with developed countries,the tort liability of Internet service providers is not perfect in legislation,and there are many different views on tort liability in academia.In order to solve a series of problems in practical application,this paper analyzes the tort liability of network service providers from multiple perspectives on the basis of existing theories.Firstly,it defines the network service providers and their tort liability theoretically,clarifies the concept and types of network service providers,connotation,characteristics and different performances of its tort behavior.At the same time,it discusses the liability principle and determination of the network service providers' tort liability.On this basis,this paper combines with the provisions of laws and regulations and judicial interpretation of the network service providers' tort liability in China,it points out the problems in the legislation of the network service providers' tort liability in China.Then,by summarizing the legal provisions of foreign Internet service providers' tort liability,this paper extracts the advanced experience which is worthy learning.Based on the summary of the foreign advanced experience,it puts forward some suggestions on the tort liability system of the network service providers in China.On the basis of the traditional theoretical research,the creative development fits the tort liability legislation of network service providers in our country's conditions and practical needs,in order to better protect legal rights of the network users and to promote the healthy and rapid development of the network industry.