On The Duty Of Care Of The Internet Service Provider

The duty of care of internet service provider(hereinafter referred to as ISP)is the core component to investigate whether it is at fault,and on the basis of which to determine whether it has to assume the liability of internet information infringements.Therefore,the answer to the question of what kind of proper duty of care should the ISP assume,and what kind of judgement standard should be adopted to determine the fault and its degree,is the prerequisite for the protection of the infringed legal rights and balance the interest between the ISP and internet users.Based on the above problems,the paper describe the following contents:First of all,based on the in-depth study of China's relevant legislation and the determination of relevant cases in judicial practice,this paper finds that the problem of China's legislation is the somewhat chaotic and decentralized status of the related laws and provisions,the lack of typed provisions and the conflict between some provisions.The difficulty in the judicial practice is focused on how to determine the‘should know' when determine the ISP's duty of care.Then,based on the difference between the service content and controlling ability in the internet content service provider and internet intermediary service provider,it gives typed summary of the ISP's duty of care.Besides the study of the shared service contents,it also study the unique duty of care of each type.What's more,it delivers opinion on the controversial details.Such as the balance of different parties in the obligation of information disclosure and the debate of whether the content service provider has the prior review obligation.The third chapter makes a typed summary of the judgement of the ISP's duty of care in the judicial process.It divides the judgement into the aspect of the ISP and the infringed internet information,and summarizes the judgement factors respectively,combined with specific cases to prove and support.