Exploration Into The Reasonableness Of Joint Liability Of Online Infringement

We live in an information-oriented modern society. The popularity and the rapiddevelopment of the network have brought great convenience to the social life, andaccelerated the pace of modernization of the social development. Modern societycannot escape the influence of the network, which in turn melts into the society with adeeper depth, thereby promoting the development of economy and society better andfaster. Fully aware of the positive role of the network, however, we should alsoacknowledge that with the network more deeply penetrated into all aspects of sociallife and work, the network infringement continue to occur at the same time. Networkviolations occurred in recent years increasingly, some of which brought serious socialconsequences. People are focusing on the network infringement now, whoseresponsibilities are various; and a variety of the joint liability in the networkinfringement brought much attention and comment, especially multiple view of theexistence of the joint liability system. Whether the rationality of the existence is trueor not, I have endorsed the view recognition of the reasonableness of joint liabilitysystem for online infringement exists. This passage focuses on the demonstration onthe rationality of joint liability of network infringement system. In recognition of jointliability of network infringement system on the basis of rationality, the authorproposed its application when the points should be noted, which are: understandingand grasp the fundamental points of joint liability of network infringement system; thejoint liability of network service providers; the scope of the joint liability of networkservice providers’; whether the network service provider has obligation to review theinformation released by the network users; how to define the joint liability whichnetwork service provider provide expanded part; how do the network service providersexercise the right of recovery and other issues. The author analyze and grasp thequestions above, and we should be noted that application of the problem will makebetter use of our legislative and judicial practice joint liability of network infringementsystem, making it applicable to better improve it in order to play its role better.