Internet Service Providers Tort Liability Study

In recent years, with the rapid development and the popularity of the Internet, its bringsconvenience to people’s lives while with the network infringement. As the network has itsown characteristics, that is rapid propagation, large influence,relatively difficult to control andso on. Therefore，the network infringement should not be overlooked，legislator should be paymore attention. While our network development is imperfect,and the law on the network infringement ismore or little unreasonable. With the further development of the Internet, In order to rectifythe Internet market,and protect the legitimate interests of rights holders, We should pay moreattention to the tort liability of Internet service providers,and in order to try to establish asound legal system.This article includes four parts:The first chapter is about the infringement of the Internet service provider. IncludingInternet service providers,the violations of Internet service providers,the way of responsibilityand the demurrer of liability.The second part is about other countries on the network service provider’s legislativepractice and analysis. Firstly, the author analyzed the regulations of other developed countriesin Europe and America on the internet service provider tort liability,and in order to learnfrom other countries.The third chapter discusses some of our questions about the status of the Internet serviceprovider tort liability legislation and summed up our presence in the legislation. Ask questionsin order to better address these issues, and in order to improve China’s legal system networkinfringement.The fourth part of the tort liability of recommendations to improve our network serviceprovider. The author puts forward recommendations on the type of Internet service providersclassified, Article36explicitly Fuzzy gratitude "Tort Liability Act", as well as improve thelegal system and other recommendations.