The Research On Service And Management System Reform Of General Office Of The CPC Central Committee’s Retirees

With the development and improvement of search engine technology,search engine has become the indispensable search tool for Internet users on the Internet to find the information and greatly facilitate the learning,work and life of the people.However,some famous search engine services providers in recent years have bee accused of infringement.This paper gives an analysis of copyright infringement by the search engine service provider to explore the search engine service providers under what circumstances should bear tort liability.This paper,based on the theory of copyright law and tort law and relied upon the current laws and regulations,gives an analysis of the principles of liabilities of copyright infringement by search engine service providers,forms of such infringement and consideration for interest balancing.This paper is composed of the Introduction,the body and the Conclusion,of which the body is divided into four parts:Part Ⅰ:infringement by the search engine service provider copyright.This Part describes the concept and the methodology of search engines,the legal status of search engine service providers and the provisions regulating infringement by the search engine service providers.The search engine is relied upon by the clients to search the targeted results in accordance with the technical rules for network users and provide the clients with the link connecting the targeted site.So the search engine provider is a neutral party to the clients and the targeted site.In case of any infringement by the network clients on internet,the liabilities on the network service provider are actually the indirect liabilities arising from direct infringement by others.Part Ⅱ:liabilities principles of infringement on copyright by the search engine service providers.This Part gives an analysis of liabilities principles of infringement on copyright by the search engine service providers based on the theory of tort law by taking in account the domestic and foreign laws on copyright infringement.The fault is a mandatory factor on infringement on copyright by the search engine service providers in accordance with the laws of China.Part Ⅲ:forms of infringement on copyright by the search engine service providers.This Part focuses on the forms of copyright infringement by the search engine service providers in terms of direct and indirect infringement.The links provided by the search engine are originated from third-party server.Provision of such links is not a kind of networking propagation.So the direct infringement is not established.The secondary and vicarious liabilities in indirect liability are analyzed.Part Ⅳ:interest balancing of infringement liabilities on the search engine service providers.This Part starts from the basic theory of the balance of interests,analyzes copyright protection in the network environment and the balance of interests,and focuses on interest balancing of infringement liabilities on the search engine service providers.