On The Special Characteristics Of Internet Torts And Their Legislative Solutions

The invention of computers symbolizes the arrival of the information age, and the emergence of the Internet pushes the information revolution further to a world-wide place. Internet has changed the human way of living. It brings the convenience and troubles as well to the human being. In addition, the network has produced profound influence to the law. The infringement behavior of the network is just one important type of the network disputes. However, there is not a mature law concerning the network infringement in our country.The network infringement behavior is the traditional infringement behavior which takes place on the network. Because the environment is different, the network infringement differs from the traditional infringement in terms of the following aspects: the man who infringes the right of the others, infringement behavior, infringement object, infringement jurisdiction and the liability, etc.The thesis consists of six chapters, organized from general theory to detailed analysis. It first deals with the general provision about network infringement. Then it moves on to probe into the different types of infringement behavior based on the infringement person and the object. The thesis structure goes as follows.Chapter I introduces the general regulation about Internet infringement. It mainly illustrates the concept and the characteristics of the network and the network infringement, the influence of the network upon the current infringement law, the imputation and important document of the network infringement, etc. It is generally considered reasonable to apply the fault principle to network infringement.Chapter II explains the infringement responsibility of the Internet service provider, which can be divided into three types according to its different functions. The chapter analyzes the necessary components of a behavior infringement, the imputation and its important documents, and compares the lawmaking experience of other countries, which may become a useful source for our country to learn from.The copyright network infringement behavior will be the focus of Chapter III, as is known to all that the network’s infringing upon copyright is the most familiar type in the network infringement.Chapter IV is about the dispute concerning the domain name and the trademark. The domain name is a kind of new object that appears under the network environment. It is similar to the name power, but usually conflicts with the trademark power. The causes of the conflict and the suggested solutions are put forward in this chapter.Chapter V discusses the network infringement behavior of personality power, especially the infringement behavior of the reputation power and right of privacy. The discussion evolves around the different types of the infringement behavior since these types display the special features of the network infringement behavior of personality power,Some suggestions to prevent and punish the network infringement, which includes both legislative and non-legislative solutions, are presented to the reader in Chapter VI.To sum it up, after introducing the basic theories of the infringement law, the thesis explains the characteristics and the present situation of the network infringement, and discusses the challenges to current laws and regulations brought by the network infringement. Then the relevant cases and the problems in network infringement are analyzed in great detail. The thesis also suggests that our country can learn from other countries in the field of lawmaking to find a better legal method to resolve the network infringement problem so as to establish a sound network infringement system in our country. All these are aimed to settle the network infringement disputes, effectively regulate the network order, and promote the healthy development of the Internet business.