With more and more people creating contents and expressing their views, ideas, attitudes, demands, etc. through the internet, the existing of tort in the User Generated Content (UGC) has become a social problem getting people's attention from every area of society, especially from the circles of law and IT. All kinds of UGC tort suits have become a legal problem that we have no other choice but to confront with in the developing process of internet industry. How to ensure that the internet business is developing healthily in the framework of the law? How to secure the user-created values and the freedom of expressing? How to protect the intellectual property, privacy rights, reputation, etc? How to define and balance in theory and practice the relationship between the value creation and human rights,between the freedom of expressing and human rights, and between the reasonable use and the legitimate rights and interests as well?How to avoid and prevent the UGC tort? All these questions inevitably need to be answered by the IT practitioners and the industry watchdog. Therefore researching and discussing the UGC tort, not only is the request of this era, but also has. its profound social and legal meanings. This article will elaborate the concept, characteristics, main performance, subjects, principles of accountability, construction and defensive principles of UGC tort. At the same time, the author will give suggestions to improve the rules of UGC management, by analyzing the defects of UGC governance in China and comparing governance modes of UGC in America and the European Union. |