The Review Obligation Of Network Service Provider

This paper focuses on the related concepts,specific content,theoretical basis,and tort liability of the network service provider review obligations.The first is the basic concept of reviewing the obligations of network service providers,and defines and analyzes the sources according to academic research and legal regulations.Secondly,the subject of the review obligation was introduced in detail.It is found that there are many different opinions on the classification of network service providers,but most of them are classified based on the type of service they provide.Then the paper points out the shortcomings of the current "technical-content" classification framework for network service providers,and proposes the social role positioning of network service providers based on social functions based on the type of technology.Afterwards,the network service provider was asked to undertake the review obligation and the theoretical basis was discussed.The review obligation of China's network service providers mainly stems from Article 36 of the Tort Liability Law,but the provisions of this article are broader and general,and there is a vagueness in its understanding and application.This article combines the provisions of this article to analyze and discuss the review obligations of network service providers.It is proposed that network technology has achieved unprecedented development in recent years,and the technical means of monitoring network infringement are also constantly innovating,greatly improving the efficiency of reviewing infringing information.There is also a large deviation in the original balance between the responsibility of the corresponding network service provider and the protection of the legitimate rights and interests of the right holder.The tendency to protect the network service provider has led to the unfair protection of the rights and interests of rights holders.Therefore,it is necessary to reconsider the requirements for network service providers.The third part mainly introduces the general review obligation of network service providers and the review obligations of specific types of network service providers.The comprehensive multi-party factors believe that the review obligation of the network service provider should be set to a certain limit,and how to set its limits reasonably from four aspects:information intervention level,content source,profit status and social influence.The fourth part puts forward its own opinions on the disputes arising from the application of tort liability in the network service provider's unfinished obligation.First of all.in the allocation of burden of proof,it should be assumed by the network service provider;secondly,in the fault determination,the subjective fault of the network service provider should include fault,and the tort liability should be determined by objective criteria.Finally,by analyzing the current situation of China's law and judicial practice,this paper puts forward the shortcomings of the current legal norms in China and gives corresponding suggestions for improvement.In short,this paper believes that we should face up to the influence of network activities on people's real life and strengthen the legal regulation of the review obligations of network service providers without hindering the healthy development of the network.