Research On The Liability For Infringement Of Minors’ Imitating Dangerous Short Videos

There are frequent incidents of minors imitating dangerous short videos on the Internet and infringing on their own or others’ right to life and health.Among them,the case of "imitating the dead girl with popcorn made by Ono in the office" is the first case in my country that caused widespread concern by a minor imitating short online videos Cases of major damage consequences.The domestic discussion and research on the infringement liability of online dangerous short videos is still at the stage of theoretical analysis.The current judicial practice in my country still uses the general infringement principle in the "Civil Code" tort liability as the general basis for determination,but such imitating dangerous short videos Injury cases have their own particularities,this article will discuss the following parts.The first part first explains the development status of my country’s short video market.According to the "Statistical Report on the Development of the Internet in China",it is found that minors have been exposed to the fast-paced culture of short videos prematurely,and the current situation of the short video market environment has the problems of low levels of user education and mixed short video quality.Secondly,according to the characteristics of the short video types that frequently occur in current accidents,the connotation risk of dangerous short videos is defined and classified.Finally,I will introduce the history of the case of "Imitating the Girl Who Made Popcorn by Ono in the Office",and condense the four major issues of the case based on the academic viewpoints and social concerns.First,whether the short video platform and the short video publisher are at fault.Second,whether there is a causal relationship between the short video platform and the short video publisher and the damage.Third,according to which standards should the share of infringement liability between short video platforms,short video publishers and guardians be divided.Fourth,the conflict between the protection of minors and the freedom of online creation.This thesis will focus on the focus issues.The second part details the specific operational issues that judicial practice still applies to general tort liability for such cases in accordance with the tort liability of the Civil Code.The "Network Security Law" legalized the identity of the party responsible for network infringement for the first time.The "Regulations on the Ecological Governance of Network Information Content" clearly stipulates that platform management obligations include preventing "unsafe behaviors" that may cause minors to imitate.Therefore,when identifying dangerous short video infringements,the content of the video content itself should be based on the unsafe nature of the content itself..The third part elaborates on the status quo of identification of liability for imitating dangerous short videos in my country in terms of the difficulty in determining the degree of subjective fault of short video platforms and short video publishers,the dilemma of the two major causal relationships,the identification of exemptions,and the particularity of such cases.Existing problems.The fourth part proposes possible perfect countermeasures for the existing problems in the current situation.It is concluded that under the premise of determining the establishment of dangerous short video infringement,when determining the degree of subjective fault,the duty of care of different responsible entities should be considered,and different audience groups should be distinguished.For the determination of causality,the theoretical logic in the "twostep" strategy in the article can be applied to find a way out,especially when there are several infringements,that is,when several similar short videos are watched.The application of the "safe harbor" exemption grounds should be appropriately limited in the field of dangerous short videos,and administrative licensing is not an excuse for exemption.Administrative agencies should actively explore the establishment of a video classification system,and seek a balance between the protection of minors and the freedom of online creation.Strengthen the legal awareness of parents as guardians,and implement parent guardianship duties.