Font Size: a A A

Research On Indirect Tort Liability Of Network Service Providers

Posted on:2020-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2416330578475995Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the process of network technology development,the relationship between rights holders and infringers in the past has been broken.The subjects in the new interest distribution pattern have rights holders,infringers and network service providers.With the gradual rise of P2P technology,the cost of network infringement needs to be lower and the process is more convenient.Under such circumstances,the interests of rights holders may be infringed.Internet service providers have a large user base.In the process of users' rights to damage rights of rights under the influence of the Internet,under what circumstances network service providers need to be responsible for such violations,they have been academia for a long time.extensive attention.However,the relevant legislation has a relatively low level of perfection,which in turn leads to a large number of judicial application issues.Therefore,based on the actual problems,it is of great significance to discuss the indirect tort liability of network service providers.This paper selects the above four methods,such as empirical analysis method,normative analysis method,literature data analysis method and comparative research method.Combined with the existing research results,it makes reference to the relevant literature and judicial experience of developed countries in Europe and America,and makes suggestions for further improvement of legislation.The first part of this paper is about the theoretical content of the indirect tort liability of network service providers.It describes what is the network service provider and its classification criteria,briefly analyzes the concept and type of indirect tort liability between network service providers,and expounds the components of indirect tort liability applicable to network service providers and the principle of fault liability.The second part is the introduction of legislation on the indirect tort liability of network service providers in the current situation.In the form of empirical analysis and case analysis,the problems of loopholes in legislation and judicial practice are summarized.The third part is the introduction of relevant legislative issues in this respect to representative countries such as the United States,Germany,and the European Union.It provides a reference for domestic legislation in the form of comparative analysis.The fourth part puts forward some suggestions for the problems existing in China's indirect tort liability of network service providers.The main content is to clarify the indirect tort liability of network service providers,establish the principle of interest balance judgment of indirect infringement of network service providers,and distinguish the knowledge and knowledge in fault elements,and reduce the notification content according to different service types of network service providers.The standard for establishing a comprehensive network service provider to receive notifications,and to make clear the necessary measures for timely removal of infringing information in the first time,based on the existing network provider service provider's obligation system,Clarify five obligations.It is hoped that through the analysis of this paper,it can provide a useful reference for China to improve the indirect tort liability of network service providers.
Keywords/Search Tags:Internet Service Providers, Indirect infringement, Safe harbour rules
PDF Full Text Request
Related items