Research On The Legal Issues Of "Safe Harbor Rules" In China

The "safe harbor rules" is a restriction on indirect infringement liability of Internet Service Provider by lawmakers.It aims to fully protect the legal rights and interests of rights holders,effectively protect and promote the development of the Internet industry,and balance the rights of rights holders,Internet Service Providers,and Internet users.In recent years,with the rapid development of network technology and the application of the "safe harbor rules" in judicial practice,Internet Service Providers have unlimited use of the "safe harbor rules" to evade liability and abuse the "notification-deletion" system of right holders to crack down on legitimate Internet users.And the repeated infringement of Internet users and other problems,resulting in the "safe harbor rules" in the application of dilemmas.This article is mainly divided into five parts.On the basis of tracing the origin of the "safe harbor rule",it tries to understand the current status of China’s laws and justice,discover the difficulties faced by the rule in the current environment,and combine foreign experience to improve China’s "safe harbor rules ",Balance the interests of all parties,and promote the coordinated development of various industries.The first part is the introduction of typical cases.This part introduces and analyzes "the first case of cloud computing",and then introduces the applicable "safe haven rules",which lays a foundation for the following introduction and discussion of "safe haven rules".The second part traces the origin of the safe harbor rules.This part expounds the background and value of the safe harbor rules,so as to grasp the rules as a whole and clarify the necessity of their existence.The third part is to review the current situation and problems of China’s "safe haven rules".To sort out the current situation and to understand the development process of China’s "safe haven rule" by sorting out the main legal provisions of the rule in China.After sorting out the problems,combining theory and practice,we discovered and analyzed the main problems of the network service providers’ subjective faults,unclear obligations,"notification-deletion" program defects,the lack of obligations of basic network service providers,and limitations of "necessary measures" that are currently facing China’s "safe haven rules".The fourth part is the review and reference of extraterritorial "safe harbor rules".The United States,the European Union,and Japan are all mature countries or organizations that have developed the "safe harbor rules".Therefore,this section introduces the legal requirements and application of the rules in the United States,the European Union,and Japan Provide ideas.The fifth part is to improve our country’s "safe haven rules".Aiming at the problems sorted out in the third part,combined with the extraterritorial experience,this part tries to remedy the problem and establish the basic network service by clarifying the subjective fault identification of the network service provider,the non-comprehensive review obligation,and the type of "notification-deletion" procedure.The provider’s transfer notification and conditional information disclosure obligations improve China’s "safe harbor rules",give full play to its value,and realize the balance of interests between rights holders,network service providers and network users.