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Research On Tort Liability Of Personal Injury Of Network Service Provider

Posted on:2022-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2506306491995359Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As of June 2020,China had reached 888 million online video users.While it brings convenience,the network also brings some new problems,such as the occurrence of the network personal infringement.In the past judicial practice and academic research,it is believed that network infringement generally occurs in reputation infringement,intellectual property infringement and other related fields,and that personal damage infringement will not occur.Therefore,there is little research on personal damage caused to network service providers.There is no clear provision on online personal infringement,whether online service providers assume security obligations,and there are disputes in judicial practice and academic research.Due to the particularity of virtual space,the fault identification and causal relationship identification are really difficult.We need to guide the majority of netizens to constantly improve their network literacy through typical cases in judicial practice,and increase the awareness of distinguishing right and wrong and network security.Based on the above reasons,the author intends to evaluate the focus of the legal theory of the final judgment of Beijing Internet Court in December 2019,for example,that the cyberspace provided by the network service provider is a public space,and according to the principle of risk and income,risk control theory,the defendant should assume the obligation of security,and the defendant can identify the defendant at fault.Because the decedent’s behavior did not meet the relevant provisions of self-interest risk,the self-interest risk can not be used to relieve him from liability.
Keywords/Search Tags:network service provider, personal injury infringement, security obligation, self-risk
PDF Full Text Request
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