Research Of The Civil Obligation Of Internet Access Service Provider

At present,under China's civil obligation system,the civil obligation of network access service providers is relatively light.But in reality,stealth technology is developed,regardless of internet users,network content providers,and network technology providers can hide their identities,which leads to the dilemma of copyright holders' rights protection.Therefore,in order to solve this problem,it is necessary to enhance the civil obligation of network access service providers.At present,the Three Strikes Mechanism and Shielding Mechanism,which have appeared in the world,have different requirements for network access service providers,and each has its own characteristics.This paper aims to analyze the two mechanisms and make constructive suggestions for the improvement of the civil obligation system of network access service providers in China.The first chapter mainly analyzes the civil liability system of China's network access service providers,and points out that it is necessary to enhance the civil liability of the network access providers.According to the direct infringement and indirect infringement theory in China's copyright law,the safe harbor rules and the notice delete rules,China's Internet access service providers not only do not bear direct infringement and indirect infringement obligation,but also does not have any action civil obligation.In the face of the new network environment,the system arrangement in China has exposed the drawbacks.While all of the direct infringers and indirect infringers are hidden,without any law allow copyright owners to sue network access service providers,copyright owners will have no way to protect themselves.Therefore,it is suggested that the civil obligation system of Internetaccess service providers in China should be perfected so as to protect the legitimate interests of the copyright owners.The second chapter mainly analyzes the civil obligation of the network access service provider under the Three Strikes Mechanism,and determines whether it is of reference.The Three Strikes Mechanism has set a Notice to Disconnect the Users' Network obligation for the network access service providers,resulting in a sharp conflict of interest between copyright owners and the general network users.The main reason is the violation of the principle of proportionality,manifested in three aspects: first,the Disconnect the Users' Network duty threaten to network users' right to freedom of speech;secondly,it also relates to personal information disclosure problems,and countries cannot be guaranteed that in the procedure of the implementation of the The Three Strikes Mechanism,they can ensure the privacy of citizens.From the effect of implementation,the cost of Three Strikes Mechanism is too high and has little effect.Based on the above reasons,the weakening of the Three Strikes Mechanism has become an international trend.Therefore,it is not suitable for China to introduce the Three Strikes Mechanism as a template to set civil liability for network access service providers.The third chapter mainly analyzes the civil obligation of the network access service providers in the Shielding Mechanism,and determines its referability,and puts forward suggestions for integrating it into our legal system The design idea of Shielding Mechanism can be used for reference.On the one hand,in Shielding Mechanism,the object of network access service provider to take compulsory measures is malicious infringement site,generally does not affect the legitimate rights and interests of internet users.Some countries also set strict limiting conditions to block websites,in order to protect the legitimate business website.On the other hand,through the practice of various countries,it is proved that the Shielding Mechanism is not only low cost and effective.Therefore,in order to protect the legitimate rights and interests of copyright owners in China,we can draw lessons from the idea of Shielding Mechanism.However,it is necessary to take into account that the civil obligation system of network access service providers in the existing law system.On the one hand,we should clear the components of indirect infringement of Internet access providers and the way of obligation.On the other hand,we should set the Due Diligence obligation for the network access service provider in the Safe Harbor Rules.At last,a clear criteria for malicious web site shall be set up.