Research On The Legal Issues Of China's Safe Haven Rules

With the continuous improvement of social economy,the Internet industry has been unprecedented development,the network has become the most important channel to spread information,the protection of copyright extends to this new field.Although the Internet has become an important means of communication among countries,it has shown great superiority in the aspects of information dissemination and resource utilization,but the disputes of copyright infringement on the Internet also occur frequently.How to better protect the interests of copyright owners,adapt to the needs of the development of network technology,not only do not violate the open and shared "Internet spirit",but also clearly stipulate the tort liability that network service providers should bear.Share information and network works To achieve the balance of interests between copyright protection,has become a new challenge of the legislators to develop network copyright related laws and regulations.The safe harbor rule is in the background.The safe harbor rule was originally produced in the United States "Digital Millennium Copyright Law,which was introduced to China,by law,laws and regulations in our country,explain continue to improve,and gradually formed a system.It plays an important role for our network copyright protection as well as the process of development escort for the Internet industry in China.But there are still some problems,such as" know "" should know "and" there are reasonable grounds to know that "between the definition of direct economic interest The inflexibility of "" does not change the clarity of concept,the criterion of judging qualified notice,the effect of incomplete notice,etc.This article will explain the concrete connotation and characteristics of "haven" by discussing the legal origin of"safe haven" rule.Through the analysis of the domestic and foreign network copyright protection cases,the advantages and disadvantages of the network copyright protection are summarized,and the case of the application of the "safe haven" rules in the network copyright protection in our country is compared.This paper probes into the applicable conditions of this rule in practice and the definition of legal act,analyzes the legal problems involved in it,and puts forward some concrete solutions.The first chapter introduces the research background and significance,research purpose,literature review,research methods,innovative points and shortcomings of the paper.Chapter two introduces the background,effect,exception,value and significance of the safe harbour rules.The third chapter analyzes the relevant regulations of our country’s safe haven by combing the current situation of our country’s legislation.In this paper,the author analyzes what problems exist and the causes of the problems.In the fourth chapter,the author puts forward some suggestions for improvement.