Research On The Obligation Of Personal Safety Protection For Online Video Platforms

Nowadays,the development of Internet has greatly enriched our spare time.It is no common thing for most people to brush short video to spend time in their spare time.However,we should not ignore the frequent infringement phenomenon in the network space while enjoying the fun brought by the Internet.It should be noted that the infringement in the network is in line with the development of the Internet,although I Article 1194 of the civil code of China stipulates the liability of network infringement,but this article is more about how to bear the responsibility when the network manager infringes the property rights and interests of others.However,there is no one in our country that the network service provider needs to protect the personal rights and interests of users.However,in the judgment of "Kwai pepper live broadcast,fast hand,micro-blog released dangerous video infringement case" in the Internet court of Beijing,the cyberspace is recognized as a public place because of its openness and non specificity.And with the times,the provisions of the security obligation in the civil code are extended to the virtual network space,which is of great significance to the standards of legal obligations of the network video platform and the regulation of the platform.The author thinks that it is necessary and legitimate to introduce the traditional security obligation of the original physical space into the network space.This paper aims to discuss the related issues in combination with the above cases,and to provide a theoretical basis for the network video platform to assume the personal security obligations for its network users,and to explore the identification of the liability after the violation of the obligation.The author hopes to make the personal security obligation more clear and enrich the theoretical research of tort liability through the research on such issues.This paper is divided into five parts.The first part mainly introduces the case of "Kwai live broadcast,fast hand and micro-blog released dangerous video infringement case".Through the introduction of the case and conclusion of the decision,the legal issues involved in the case are summarized,which leads to the lack of the obligation of personal safety protection in our network video platform.The second part is the overview of the personal security obligation of the network video platform.Firstly,the concept of the network video platform and the personal security obligation is introduced,then the theoretical basis of the personal security obligation is described.The necessity of introducing the obligation of personal security in the network space is further strengthened,and the theoretical basis problem is solved.The third part elaborates the basic content and identification of the personal security obligation of the network video platform.First,considering the different stages of users using the network platform,the content of platform security obligation is identified as: prevention obligation,elimination obligation and remedy obligation.Secondly,combined with the characteristics of virtual and open network space,the author tries to summarize the criteria for the identification of the responsibility of the network video platform.The fourth part discusses the civil liability of the network video platform after violating the security obligation.Firstly,the paper introduces the form of network video platform to bear the responsibility of network infringement.Considering the particularity of network space,the responsibility for violating the personal security obligation needs to be determined in combination with the situation of damage caused by the behavior of the network video platform.Secondly,the form of tort liability of network video platform is introduced.Through the analysis of the study,the author thinks that the above responsibilities need to be applied through the specific case.The fifth part is to provide suggestions for the improvement of the system of personal security obligation of China's network video platform.Through the analysis of the civil code and other provisions of the network service providers to assume the responsibility for their users,finally,the author puts forward suggestions on the improvement of the personal security obligations of the network video platform from the legislative and regulatory levels.