Study On Legal Problems About Internet Virus Tort

Internet has effecting our study, word and daily life in a large extent as the development of the computer and network technology, but at the same the act of tort on internet also troubled us deeply. In recent years, the rights of civil subject suffer from the internet. The internet is too globality, virtual, and un-centering to find firm definition of internet tort. Internet virus tort was a new sort of internet tort that appears in China. Internet virus which was well-known for its easy-spread, destruction and difficult to handle cast a dark shadow over the network. At present, there is little law to adjust the internet virus tort in China; some rules which scattered in criminal law and administrative law are principled and inapplicable. It is a blank about internet virus tort in civil law in our country, the writer who discuss some rules about internet tort in civil law make a progress in tort law.In this article, the author use the comparative analytical methods to research the extraterritorial internet virus tort law; use the empirical analytical methods to anal size the case of internet virus tort in recent year; use the economic analytical methods to discuss the responsibility of internet virus subject. The article starts with basic researches about legal problems of conception of internet virus torts and ending in the researches of the elements of internet virus torts. Generally speaking, four parts of all are divided logically as follows: In Chapter I, the writer researches on the general problems of internet virus, and analyze the general problems of the origin, development and damage of internet virus in the computer professional view clearly, as well as the current internet virus problems happened in China and the development trend. In the end of this part, the writer makes the comparative analysis of foreign internet virus legislation in the world.In Chapterâ…¡, the writer analyzes the subject and objects of internet virus torts. In terms of subject, the writer analyses the subject of internet virus torts that happened in the process from the formation of the internet virus to the propagation of the internet virus. In terms of object, the writer analyzes the justification of the new kind of civil rights in the field of internet and the manifestations of internet virus torts in the view of property and network privacy.In Chapterâ…¢, the writer analyzes the determination of civil liability of internet virus tort. First, the writer discusses the tort important document of internet virus tort in the terms of damage causality and fault. Second, the writer analyzes the different imputation principles in different kinds of internet virus torts.In Chapterâ…£, the writer discusses the bearing way in liability of internet virus tort. In the last part of this article, the writer describes the legislation of internet virus tort at present in China, and analyzes the inadequate in the legislation and proposes some suggestions to make our legislation more perfect.In the end, there are two outstanding traits summarized thought the article. First, from the perspective of researches about system innovation, analyzing our country at present the regulating network virus tort of authority present regulated legal document, summarizing our country at present the criminal law and the administrative law regulating network virus tort of authority insufficiency and the flaw, proposed carries on the adjustment with the tort of authority law to the network virus tort of authority the rationality and raises operationally, then has specifically analyzed the network virus tort of authority host and visitor body and the constitution important document, has provided certain system foundation for the rules and regulations network virus tort of authority civil legislation; Next, says from the specialized union angle, this article content has appeared the interdisciplinary specialized knowledge fusion, this article has penetrated the electronic accounting machine specialty, the network knowledge and the law specialized carries .To standard network question with the legal judgment, manifested importance of the law in the science and technology domain.