| With newly emerging legal problems, the traditional legal system faces unprecedented challenges. Take the infringement issues in the "human flesh search engine" as an example. When dealing with multi-subject torts of this kind, many loopholes in the tort liability system are revealed, especially the unreasonable distribution of tort liability among multiple subjects. The consequences of this problem are as follows: on the one hand, some infringers become even more unscrupulous since they have rarely been condemned; on the other hand, some others find it difficult to carry on their normal social function since the liability they bear is much heavier than it should be. The victims, meanwhile, are suffering from endless damages due to the inappropriate settlement of infringement acts. Under this circumstance, it is necessary for this paper to carry out a detailed study on the tort liability in the "human flesh search engine", since the infringement issues in the "human flesh search engine" will not be efficiently settled without the definitude of multi-subject tort liability; and the definitude of such issues can also set an example for the settlement of other similar online infringement issues.The first chapter in this paper mainly introduce the basic information about the "human flesh search engine" such as its concept, development and features. The aim of this introductory part is to display the characteristics of the "human flesh search engine" in the modern age and to lay down a factual foundation for the theoretical analysis hereinafter. The second chapter elaborates the tort liability in the "human flesh search engine" from multiple perspectives. Started with two case studies on the status quo of tort liability, this chapter gives a detailed analysis on the tort liability in the "human flesh search engine" from the perspective of tort liability constitution, tort objects, subjects, and liability share; and in the end, this chapter draws to a conclusion that the current multi-subject liability distribution system is quite problematic. Combined with the features of the tort liability in the "human flesh search engine", chapter three uses comparison method to draw on lessons from the Untied States and the European Union, and gets some useful experience to solve the infringement in the "human flesh search engine". Based on the contents of the former three chapters, finally chapter four points out the shortage of the current tort liability system in the "human flesh search engine", and on this basis tries to raise suggestions for improvements.Compared with former studies, the study in this paper have given a thorough consideration of the multi-subject feature of the infringement in the "human flesh search engine". When carrying out studies on tort liability, this paper pays extra attention to the proper distribution of multi-subject tort liability rather than merely focusing on the liability of network service providers. Meanwhile, this paper examines the articles about multi-subject tort liability and online tort liability in the Tort Liability Law, and finally proves that the current tort liability system is not sound and complete enough to deal with multi-subject online infringement. What’s more, this paper comprehensively presents the related experience of the United States and the European Union. It learns from the contents of the tort law, refers to their experience of online data privacy protection, introduces the concept of "right to be forgotten" into the tort system of the "human flesh search engine", and also realizes the importance of self-regulation carried out by network service providers. To sum up, when learning from foreign experience, this paper is not limited to the area of tort law. It learns advanced experiences from various areas, combines them with the loopholes in the domestic tort liability system, and finally summarizes a set of comprehensive and practical oversea experience system which can be used for reference from multiple perspectives.The study result of this paper show that the improper distribution of tort liability is the most fundamental reason of the unsettlement of the infringement issues in the "human flesh search engine"; also, there still exist other problems in the current tort liability system such as insufficient attention and protection for online date privacy and victims’rights and interests. As a result, the domestic multi-subject tort liability distribution system should be improved not only by completing the tort law, but also by strengthening online data privacy protection. Meanwhile, the right to be forgotten and governmental or nongovernmental regulation institutions can also be used to efficiently avoid infringement issues and share the tort liability of the network service providers.Even though the tort liability study in this paper is only a supplementation to present studies on Internet tort liability, still, the problems of the tort liability system in the "human flesh search engine" can be a reflection of the loopholes of the overall Internet tort liability system. With regard to domestic problems and oversea experience, this paper intends to explores a better way to improve the principle of liability in the "human flesh search engine", so as to complete the overall online tort liability system, better protect citizens’ rights and interests and promote the advance of social democracy. |
