Research On The Problems And Countermeasures Of The Tort Liability Of Self-media Network Account

With the rapid development of computer technology and network information technology,the Internet era of omni-directional interaction is coming,and the self-media begins to flourish.The authoritative voice of the traditional media is gradually obscured by the voice of the "universal media," and the self-media network account is the "identity certificate" for logging into the corresponding network platform,carrying the rights of the network users on the corresponding network platform.Due to the characteristics of virtualization and concealment of the self-media network,as well as the nature of the self-media network account which contains both personality and property interests,the self-media network account is determined in the infringement subject,and the self-media network account infringement behavior is identified.Self-media network service provider infringement There are some difficult problems in the application of tort liability in the aspects of behavior cognizance.The article consists of five parts.The following sections are broken down:The first part is an introduction,which mainly describes the background,significance,methods,innovations and shortcomings of the topic.Due to the freedom of cyberspace,self-media network accounts bring people full freedom of expression,but also bring about the abuse of free expression of self-media network accounts,which infringes on the rights of other people's self-media network accounts.And the relief of self-media network tort has many difficult problems in the application of tort liability.Therefore,it is of positive significance to study the application problems and countermeasures of Internet account infringement liability of self-media.First,in the judicial practice,for the judicial authorities to deal with the relevant self-media network account infringement cases to provide solutions,and further for the Department Deal with other virtual property disputes to provide ideas.Second,in thetheoretical research,in order to solve the new problems of tort liability law in the new era,carry on a certain discussion,in order to perfect the relevant theory of tort liability law to carry on the expansion.The second part is the analysis of the nature of the self-media network account.This part starts with the definition of the self-media network account,and considers that the self-media network account is the self-media user's network service provider operating the self-media network platform,which is composed of the matching of the account name and the password and the registration and registration.A network account used to enjoy a self-media network service.On the basis of combing and evaluating the views on the nature of Internet accounts of self-media,this paper puts forward that the legal status of Internet accounts of self-media should be characterized as: not "person" or the subject of rights,but the object of right,which is a kind of virtual property object.It contains the interests of personality and property.The third part is the rights of the Internet account from the media.In this part,based on the personal and property interests contained in the self-media network account,the rights contained in the self-media network account are classified into the personality right and the property right,in which the personality right includes the right of name,the right of portrait,the right of reputation,etc.Property right includes property right,creditor's right,trademark exclusive right,domain name right and so on.It also analyzes the reasons,phenomena and characteristics of the specific rights of the self-media network accounts,and puts the rights carried by the self-media network accounts into the protection scope of the tort liability law.The fourth part is the self-media network account tort liability problem.There are three problems such as the determination of self-media network account infringement liability,the identification of tort behavior,and the identification of network service provider tort.The first is the problem of determining the subject of tort liability.This paper mainly analyzes the problem of determining the tort liability subject such as the behavior subject and the form subject,"multi-person number",and the self-media network account being traded under the situation that the registered person and the user are not completely corresponding to the self-media network account registrant and the user,such as the behavior subject and the form subject.The second is the self-media network account infringement problem.According to the specific rights contained in the self-media network account,this paper analyzes the confusion and the surname of the scramble.It is difficult to identify the behavior of name and name,the difficulty ofinfringement of image right,the preemptive registration of self-media network account brand as trademark,domain name and trademark,and the difficulty of domain name preemptive registration as self-media network account.Third,the self-media network service provider tort behavior identification problem.On the basis of discriminating the difference between tort liability and breach liability of Internet account of self-media,this paper analyzes the problem of how to identify the nature of "seal" behavior;Self-fault leads to self-media network accounts can not use the behavior of the nature of the qualitative problems and so on.The fifth part is the self-media network account tort liability to solve the problem of solutions.First of all,the author puts forward the principle of presumption of tort subject based on the real name system of network to the difficult problem of determining the subject of tort liability.And according to the actual users and registrants of the self-media network account to the self-media network account different circumstances,and determine the individual infringement or several infringement of the behavior of the identification and responsibility.Secondly,this paper analyzes the malice confusion and preemptive name,trademark and domain name,and identifies the "malice",and puts forward the judgment standard and method of "preemptive registration" on the difficult problem of the infringement of self-media network account,and analyzes the malice confusion and the preemptive name,trademark and domain name behavior.Just from the portraits of media web accounts.The judgment of profit-making purpose in the infringement of rights puts forward that taking the type of self-media network account as the basis of judgment,and using portrait right in self-media network account by means of technical production is a violation of portrait-making right.Third,on the self-media network service provider tort identification problem,put forward fault as the basic identification elements.