Research On Internet Service Provider Indirect Infringement Of Liability

Internet service providers play an important role in the exchange of network information.They are third-party entities that provide intermediary services for parties in network information exchange and trading activities.In most cases,internet service providers do not participate in information exchange.They only provide technical services such as access,information storage space,search and links,that is,third parties that are passively neutral in information exchange.Internet service providers’ liability for infringement in network activities is often based on indirect liability rules and is based on the responsibility of direct infringement by network users.This article discusses the indirect infringement liability of network service providers.For network service providers to actively use the network,publish infringing works or other information,and infringe upon the civil rights and interests of others,they can be handled according to the general tort liability rules within the scope.This article mainly discusses the indirect tort liability of internet service providers focusing on Article 36 of the Tort Liability Law.In addition,the author also refers to the doctrine and jurisprudence of the US law on the indirect tort liability of network fee providers.And the relevant jurisprudence of the infringement liability of network service providers in China’s practice.This article is divided into five chapters.The first chapter is the introduction,which introduces the necessity of studying the indirect tort liability of internet service providers.The second paragraph of Article 36 of the Tort Liability Law is a disclaimer or a legal position of the liability clause,and the third paragraph "Knowing" the ambiguity of the wrong form of reference.The second chapter is the basic theory of indirect tort liability of network service providers.The first part introduces the definition and classification of legal service concept of network service providers,and the necessity of legal definition.The second part introduces the legal principle of indirect tort liability of network service providers.According to the theory,including the theory of dangerous responsibility,the theory of control theory,the theory of compensation,and the theory of social cost,the author will analyze and discuss each theory.The author thinks that the three theories of dangerous responsibility theory,control theory and compensation theory are combined.The comprehensive theoretical basis of the formation is the legal basis of the network service provider.The third chapter introduces the constituent elements of the indirect tort liability of the network service provider,including the two elements of the behavioral elements and the fault form.The behavioral elements are divided into two categories:auxiliary behavior and inducement behavior;the fault pattern includes intentionality and negligence.The"know" in the third paragraph of Article 36 of the Tort Liability Law contains both the knowing and the knowing,knowing the corresponding intention.It should be known that the corresponding is fault.The fourth chapter is the effect element of the indirect tort liability of the network service provider,that is,the legal responsibility,including the responsibility form and the responsibility mode.The form of responsibility includes two types:joint liability and alternative liability;the responsibility mode mainly focuses on two categories:stopping the infringement and compensating for the loss.The fifth chapter is the conclusion part,summarizing the full text.