Font Size: a A A

Research On Tort Liability And Attention Duty Of WeChat Public Platform

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:P YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The emergence of new communication tools such as WeChat has triggered new communication phenomena in this era,but the legal issues in the new field of communication have followed.Since 2014,the self-media industry,which is dominated by the WeChat public platform,has entered a period of rapid development,but various infringements have become more prominent.The news about “reported from the media” has emerged one after another.When infringing lawsuits were initiated,many infringees chose to list both the information publisher and the network service provider as defendants.However,in the case involving the WeChat public platform,the legal liability of the user as a direct infringer is easy to confirm,and the responsibility of the WeChat public platform as an indirect infringer is difficult to define.For network service providers such as WeChat public platform,the tort liability stems from the duty of care given by the law.Therefore,this paper aims to explore how to determine the indirect tort liability of the WeChat public platform through the ruling of the duty of care.The research content of this paper is mainly divided into five parts.First,combing the relevant literature in the field of "Tweet public platform tort liability and duty of care";second,statistical analysis of 21 cases of WeChat public platform involved in the lawsuit;third,legal interpretation of the tort liability of WeChat public platform;Fourth,to explore the main content and criteria of the WeChat public platform attention obligations;Fifth,consider the responsibility distribution and normative path of the WeChat public platform attention obligation.Based on the dual attribute of WeChat public platform as a network storage space service provider and self-media platform,combined with the research conclusions of 21 judicial trial cases,the author initially summarizes the main content of the WeChat public platform attention obligation.In order to explore the judicial dilemma of the WeChat public platform's attention to the ruling,the author analyzes the priority and applicability of the "safe haven principle" and the "red flag principle",and combines case studies and judicial provisions to try to seek the WeChat public platform to fulfill the duty of care.balance point.
Keywords/Search Tags:Network service provider, Tort liability, Duty of care, Safe haven principle
PDF Full Text Request
Related items