Legal Research On We-Media Civil Tort Liability

With the advent of the Internet big data era,information dissemination has a new definition.We-Media represented by Microblog,We Chat,short video and other social media has become an important channel for Chinese Internet users to obtain information and social communication.However,at the same time,the torts implemented by WeMedia occur frequently.A large number of We-Media torts involve many aspects,such as the object of infringement,the composition of tort liability,the distribution of liability and so on.Although various conflicts have become increasingly prominent in reality,and the legal theorists and practitioners have also paid attention to it,the special research on We-Media infringement is still insufficient.Therefore,it is necessary to study many legal issues involved in self-media infringement.Based on the special attribute of We-Media tort,combined with the existing legal norms and judicial practice,and referring to the legislation and practice of We-Media tort in foreign countries,this thesis makes a systematic study on the basic legal issues involved in our media tort liability.Strive to clarify the rights and obligations of WeMedia platform users who play the role of content publishers and disseminators and WeMedia platform users who play the role of network service providers,focusing on clarifying the rules on the identification,assumption and restriction of We-Media tort liability.It is expected to provide theoretical basis and legislative suggestions for the improvement of the legal regulation of We-Media tort liability in China.The full text has a total of six chapters:The first chapter from the definition,since the media tort carrier of media,to the media type of infringement analysis,after on the media can be summarized by the particularity of tort,and by way of empirical analysis shows that the media tort showing a new trend in recent years,based on the media to the particularity of tort perfecting legal system of regulation to the necessity.The second chapter studies the composition of liability for We-Media tort and explores the boundary of liability determination after the damage result caused by WeMedia tort based on the characteristics of We-Media tort.The research focus of this part is the imputation principle and constituent elements suitable for We-Media tort liability.From the perspective of interest balance,responsibility distribution and victim protection,it is more reasonable to determine different burden of proof based on different subjects for differentiated comprehensive application.As for the constitutive elements of We-Media tort liability,the illegality of the act is the key to the composition of liability.The faults of different actors need to be distinguished and analyzed.The damage result reflects the characteristics of We-Media communication,and the causal relationship elements have their own complexity.The third chapter promotes the understanding of We-Media tort liability by expanding the object of We-Media tort.Existing academic studies and relevant laws and regulations generally limit the object of We-Media infringement to the right of personality or intellectual property,which in fact greatly reduces the scope of the object of We-Media infringement and is not conducive to the settlement of China’s We-Media infringement disputes.If the expansion of the scope of the invisible personality right,since the media environment in a certain characteristic containing personally identifiable information into account,subject to the rights and interests of control and decision rights,and admit the legal status of commercialization of personality rights are relatively independent,the recognition from the media activities enjoyed by the holder of the property rights and interests,The private rights of civil subjects can be better protected in the We-Media era.The fourth chapter mainly discusses the defenses of We-Media tort liability,compares traditional and innovative media defenses,and finally sets up a relatively scientific and rigorous and open We-Media tort special defense system.It is inappropriate for traditional or new media tort defenses to be directly applied to WeMedia infringement issues."Freedom of speech","public figures","public interest" and "reasonable expectation of privacy" have their respective strengths in the application of We-Media tort defenses,but they are not without flaws.It is still necessary to make categorization analysis according to the duty of care of different subjects and then choose the defense that can be used to exempt them from tort liability.The fifth chapter studies the assumption of tort liability of We-Media and specifically analyzes the assumption of liability of different tort subjects under the background of joint infringement.The first part is to explore the existence space of liability by share in We-Media tort liability.The second part is to distinguish and discuss the identity of "opinion leaders" of We-Media platform users and the influence of subordination of service providers of We-Media platform in determining the share of joint tort liability.The last part is to discuss different ways of assuming We-Media tort liability.The responsibility of property liability in the tort liability of "We media" is the part that needs to be focused on.The author chooses "profit from infringement" as the entry point to elaborate what kind of property liability the person responsible for the tort of "We-Media" needs to bear.Assuming the liability of We-Media’s infringing property does not mean that we only need to bear the share of spiritual damage compensation.In fact,drawing too clear a line between property damage and spiritual damage is not conducive to the indemnities of the infringed in the We-Media infringement disputes.The sixth chapter discusses the reference significance of the legislative model and practical experience from the perspective of comparative law to China,and puts forward suggestions to improve the legal regulation of We-Media infringement from the two directions of legislation and relief.The key part of the reflection on improving the legal system of "We-Media" infringement is the legal compensation limit for "We-Media" infringement of various rights and interests.The lower limit should be clarified and the upper limit should be raised to curb the frequent occurrence of "We-Media" infringement disputes by increasing the illegal cost of "We-Media" infringement.