The Application Of The Network Tort Laws Pondering The Article 36 Of The Tort Law Of The PRC

With the popularity of computers and mobile technology development, the network has already affected society. The application of the Internet has greatly changed people's production and life style. Reading news, playing games, shopping, communicating each other, commenting almost become important things of people's daily life. What's more, the network has become a public opinion platform. It seems as a civic supervising glass over society, a participating ways to politics. . Of course, the network also brings a lot of negative effects to people's life. Network tort often occurs, such as using the network infringes on the personality and property rights, intellectual property rights, etc. These behaviors not only severely damage the rights of people, and sometimes infringe upon the interests of the society. and under the existing technology conditions ,because of network characteristics, such as confidentiality, radiation, swift , it's difficult for obliges to find the man who did the direct infringement. so many obliges began to assume network service providers for tort responsibility to safeguard their interests . .So, "the tort liability law "article 36 provisions in the network environment network users and network service providers of tort liability. But because the provisions of the enumeration of principle, so just to make reasonable explanation, holds not only helps to execute, "more help balance the lawful rights holder with promoting the contradiction between the network industry development. The author of the paper is that through the tort liability law article 36; explain the analysis of some of the implement process holds the details.This paper mainly includes three parts. The first part discuss background of this article, including two aspects: (1) the main characteristics of the network tort; (2) the controversy of it in mending process.. It can be divided in 3 small points: the definition of network service providers, network service providers'imputation of network tort, regulating mode problem. This section is to explain logic relationship of them. The second part explains to 36 and analyzes the legal basis. This section is divided into two parts: the first quarter explains the meanings of the article 36, including "notice and take down" rules, "know" rules of the elaboration; the third part mainly discusses the application in judicial practice. It includes the first paragraph, the regulations, the legal cohesion with the law article 6, and the detail problem sets in the application.