Research On Indirect Tort Liability Of Network Service Provider

The rapid development of network technology has brought great convenience to people's life and work.People can use the network for fast and efficient information search,data transmission,video browsing,etc.While the network brings a series of positive effects,it also causes the related network infringement problems.In the exchange of information,network service provider plays an irreplaceable role.After the occurrence of network infringement cases,whether the network service provider should bear the responsibility for the infringement of network users and how to bear the responsibility are controversial in the theoretical circle.Therefore,the research on indirect infringement of network service provider has important practical significance.The first part of this paper introduces the research background and significance of the network service provider,as well as the domestic and foreign theoretical views on the indirect tort liability of the network service provider,and explains the main research content and research methods used in this paper.The second part of this paper mainly introduces the concept of network service provider,then divides the network service provider into four types,then compares the direct infringement with the indirect infringement,and finally explains the types,characteristics and responsibilities of the indirect infringement in detail.The third part of this paper focuses on the analysis of the relevant problems in the legislation of indirect tort liability of network service providers in China.Through the study of the current legislation of the current law,it is found that there is no clear standard in the subjective judgment of network service providers,and the principle of fault liability cannot fully meet the needs of the society.The joint and several liability for indirect tort caused by fault conflicts with the legislative system It is obviously unfair for the judge to determine the amount of compensation based on the facts of the case due to the difficulty in providing evidence.The fourth part of this paper introduces the legislation of indirect infringement ofInternet service providers in the United States,the European Union and Germany in detail,and finds that there are many outstanding legislative experiences in foreign countries that we can learn from,such as alternative liability,prohibition,interference system,etc.The fifth part of this paper puts forward some suggestions on the legislation of network service providers.In view of the inconsistency of subjective fault identification,it should be clear that different network service providers should bear different obligations,and distinguish the duty of care and the duty of review.In view of the fact that the single imputation principle can not meet the needs of the society,the dual imputation principle is put forward.In view of the network service provider's joint and several liability in the case of negligence,this paper proposes to apply joint and several liability and supplementary liability respectively on the basis of distinguishing intentional liability and negligence.As the compensation standard is not clear,the application of compensation loss can not achieve the purpose of preventing repeated infringement,the unified compensation standard is proposed,and punitive compensation loss is introduced.