Identification Of Tort Liability Of Information Network Communication Right Of Network Service Providers

With the increasing enrichment of works in cyberspace,major network platforms have sprung up.As a network service provider,it is first to continuously improve its service quality and provide better services for users,but at the same time,we should pay more attention to the protection of the rights and interests of works within the scope of our management.However,according to the practical analysis in recent years,the infringement of works in cyberspace has been increasing,and there is no definite conclusion about the various tort liabilities that network service providers need to bear,which undoubtedly puts forward new topics and challenges for the judicial determination of such infringement.In view of the determination of the tort liability of network service providers,we should not only analyze the current situation of China’s judicial regulation system and find out the key to the problem,but also pay attention to the uniqueness of the tort of network service providers in the environment of the development of Internet technology.Various current analyses show that the difficulties in determining the tort liability of network service providers mainly lie in the emerging social problems such as whether they have subjective fault and can not be located as the inf ringer,the inappropriate application of the "safe haven" rule,the variety of judgment standards for the "duty of care" of network service providers in judicial practice,and the great difficulty in confirming "electronic evidence" in relevant infringement cases.In view of the above problems,this paper also puts forward some corresponding thoughts and suggestions,such as applying different imputation principles according to the different situations of network service providers in specific infringement events,perfecting the applicable conditions of "safe haven" rules,perfecting the judgment criteria of "duty of care",etc.By determining the responsibility of Internet service providers,we can not only standardize the creative order of the Internet world,but also effectively safeguard the rights and interests of copyright owners,so as to provide a safe and orderly environment for the dissemination of various works in the Internet world.At the same time,it will also help us spread our country’s excellent works through the Internet and promote the process of cultural confidence.