Research On The Liability Of Network Tort

Widespread use of the Internet has changed the human way of life in people’s lives to provide a great convenience, civil rights have been hurt by a variety of network infringement. In recent years, the use of network attacks personal rights,property rights, intellectual property rights violations occur frequently. In this series of violations, network security protection even more helpless. While traditional tort law can solve part of the problem of network infringement, but many violations still unresolved, and the boundaries of jurisdiction is also very clear. In view of the analysis of the network violations after a series of problems and remedy.This thesis consists of five parts:The first part, the theoretical basis of the main topics of discussion, practical ba sis, purpose and meaning, theories, ideas and methods of research, innovation and th e difficulty of this paper, the status quo, such as domestic and international research.The second part, first gave an overview of the network infringement, which defi ned the concept of networks and actors infringement, violations of the legal character istics of the network; secondly describes three aspects of intellectual property rights f rom infringement of personality rights violations and violations of virtual property n etwork main types of infringement; again for the network infringement analyzed thre e aspects of jurisdiction, lack of coordination and the jurisdiction of the theory of tra ditional tort tort First, the network, the second is to explore the theory of network tor t jurisdiction, the three Internet Infringement infringement to confirm; Finally, the ne twork provides the theoretical reality infringement disputes but also from the princip le of fault liability, no-fault liability principle, the principle of equitable liability anal yzed three aspects.The third part, the study is to analyze the current situation of foreign legislation regulating network violations. From the common law and civil law two legal approa ch: common law countries, primarily the United States talked about the theory of the long arm jurisdiction of the United States for the network service provider’s Tort Lia bility analysis principles, industry self-regulation in the United States and Britain ana lysis model, and analyze the pattern of Singapore scrutiny; and civil law countries m ainly talked about Japan and the relevant legislation for the protection of research net works infringement, Germany unified network service provider liability analysis of t his legislation, the Korean network analyze real-name system model.The fourth part, the main analysis in our network problems in the tort system. Fi rst, in terms of network tort Territorial Jurisdiction: land under the jurisdiction of therelevant provisions of China’s Internet infringement defects and problems. Second, t he plight of the network service provider joint and several liability arising from: the s ubject of infringement is difficult to confirm, that the theoretical basis of joint and se veral liability for contributory infringement, and network service providers constitute contributory infringement does not comply with the general principles of tort law. T hirdly, on the network virtual property infringement legislation inadequate: the netw ork virtual property protection is not clearly defined, the network virtual property ide ntified lack of uniform standards, relief for virtual property disputes are not compreh ensive. Fourth, the lack of intellectual property network tort liability legislation inclu de: problems related to the infringing regulations, intellectual property rights holders can not be the object of a full possession, a single principle of fault liability can not fully protect the legitimate rights and interests of right holders. Fifth, the network per sonality rights problems in the system. In the relevant legislation on the subject of th e provision is not clear infringement, infringement procedures were traveling tips rig hts and obligations are not clear, the network more passive personality rights protecti on.The fifth part, for the fourth part of the problem raised were perfect, and made s ome recommendations. The first is to improve the legal provisions governing Respo nsibility: Identify the principles of network tort case territorial jurisdiction, the jurisd iction of the court to determine the plaintiff’s domicile determines tort ground. The s econd proposal is to improve the network’s tort liability: the development of Internet Basic, improve network legislative system, determine the network service provider’s obligation to assist in the investigation donors, according to the type of network servi ce providers distinguish responsibility. The third is the legislative proposals virtual p roperty tort system: "Tort Liability Act," should set up a special section on network v irtual property liability law explicitly protected by the legal category of Internet virtu al property, good virtual property victim relief system. The fourth is to improve the network infringement of intellectual property liability system: increased punitive da mages liability, infringement of intellectual property rights should be applied to the n etwork principle of liability without fault, according to the type of network service pr ovider’s responsibility. The fifth is the perfect personality rights protection system on the network: to further clarify the subject of tort liability broken shoulder, a sound n etwork restrictions violated the provisions of personality behavior, enhance the legal awareness of citizens and self-management skills.