Legal Research Of The Internet Virus Tort

Internet virus tort refers to violations of civil rights and interests of others through the network virus. The subject of internet virus tort refers to the implementation of network virus violations, mainly divided into internet virus writers, spreaders, gainers and Internet service provider. The object of internet virus tort is the target of infringement, currently focused on personal property rights and personal interest in personality. The imputation principle should be the principle of fault liability. Because, using the principle of fault liability is helpful to balance the protection of the rights of Internet users and the healthy development of the Internet industry. Secondly, as a special type of network infringement, the law does not expressly provide that it applies the principle of liability without fault, and therefore network virus tort rules and principles should be kept consistent network infringement imputation principle, which uses the principle of fault liability. Finally, the principle of fault liability in favor of unity between the country’s laws. The imputation principle constitutive requirements include four aspects tort, damage fact, causality and fault from. Liability reduction Reasons for network virus tort includes the force majeure, the perpetrator’s own fault, and the limitations of scientific and technological level. The absence of legal regulation, jurisdiction unclear and the high cost are the issues we faced, when we solve the internet virus tort. To solve those issues, we can formulate regulations; expand the scope of punitive damages; use the class action system and so on. Of course, compared to the post-lag remedy, take active preventive measures to avoid network viruses is undoubtedly the best choice.