Research On The Principle Of Safe Haven In Network Infringement Of Civil Code

On the basis of the old laws,the civil code optimizes and perfects the principle of safe haven in many aspects,and conforms to the trend and development of the Internet age.The first part elaborates on the principle of safe haven and the connotation of network service provider.In view of the growing number of Internet infringement,the principle of safe haven arises at the historic moment,the scope of protection has expanded from the copyright field to the civil field,and more and more countries have also carried out the regulation;in recent years,China’s new network service providers have sprung up,and the emergence of the civil code has better determined their subject status,and achieved a positive effect on the regulation of rights and obligations Balance.The second part focuses on the legislative history and existing problems of the principle of safe haven.Firstly,through the analysis of China’s old laws,this paper discusses the differences of different laws on the principle of safe haven in China;secondly,through the legislative analysis of the United States,Germany and the European Union,it concludes that the transplantation of the law on the principle of safe haven in China should match with China’s legislative style,pay attention to different types of network service providers and select the appropriate imputation principle;finally,this paper discusses the necessity of the transplantation of the law on the principle of safe haven in China This paper finds out that there are still some problems in the old laws,such as system abuse,scope generalization and imperfect rules,and analyzes the causes of the problems.The third part focuses on the improvement of the existing problems of the old law in the civil code.Firstly,it clarifies the legal responsibility for the damage caused by wrong notice to alleviate the abuse of the system;secondly,it clarifies the different measures taken by different types of services to enhance the predictability of legislation;then,it limits the scope of application to reserve legal space for the creation of future rights;finally,it proposes the full range of services It optimizes the notification rules,including improving the notification content,adding the red flag principle,adding the transfer notification and anti notification rules,so as to form a relatively complete system and become the biggest flash point of optimizing the safe haven principle.The fourth part focuses on the contribution of the civil code and the application of relevant laws,and concludes that the contribution of the civil code lies in straightening out the relationship between the notification rules,the relationship between the general rules and the specific rules,the relationship between the general infringement and the intellectual property infringement in the field of e-commerce.This paper also analyzes and compares the application of the civil code and other laws,so as to make the application of the civil code in the judicial trial easier It is better for the judge to make correct legal citation.