Research On The Tort Liability Of Information Network Transmission Right

Today,the Internet has been widely applied to all aspects of public life.The use and transmission of works has also widespread entered in the network.It is more convenient and fast for the public to obtain and use works through the Internet,which brings various challenges to the legal protection required in the process of dissemination of works on the Internet.The legal protection system of works in the information network transmission right in the developed areas has been relatively perfect,but there are still many deficiencies in the legal provisions and judicial application in China.The first part of this paper expounds the concept of information network communication infringement and the relevant legal provisions of information network communication right,and lists the constituent elements and manifestations of information network communication infringement.The second part puts forward the problems of right adjustment scope,tort subject liability identification,tort identification standard and tort type found in the field of information network communication right protection in China.In the third part,it is proposed to solve these four problems,such as expanding the scope of tort communication behavior from legislation,distinguishing the liability identification of tort subjects based on the purpose of behavior and damage results,learning from the "based on will rule" of the United States as the standard of tort identification,and suggest that the determination of indirect infringement should be based on the existence of direct infringement.