Research On Tort Liability Of WeChat Group Leader

As a free application for smart terminals,WeChat realizes the functions of instant communication,sending data,sharing consultation,social applications,etc.It is a necessary social application for people to work and live now.WeChat group chat has become a daily communication for people.An important way.In real life,the legal disputes caused by the dissemination of unlawful speech by the WeChat group are increasing.It is the key to protect the personal rights and interests of citizens,and it is also the need to combat crime and maintain social stability.In order to strengthen the supervision of Internet groups such as WeChat group,the National Internet Information Office issued the "Regulations on the Management of Internet Group Information Services"(hereinafter referred to as "Group Management Regulations").Article 9 stipulates the management responsibility of the Internet group manager,that is,the WeChat group leader.At the same time,similar jurisprudence has emerged in judicial practice,that is,the WeChat group leader should assume the management obligation of the speech information in the WeChat group,and should bear the corresponding legal responsibility when it violates the management obligation.Neither the "Group Management Regulations" nor the judicial decisions have clarified the source of the WeChat group management obligations,the basis for liability in violation of the management obligations,and the corresponding legal consequences.In order to explore the source,basis and responsibility consequences of the WeChat group responsibility,this paper studies the judicial judgment cases that occurred in Duanzhou District,Zhaoqing City in 2017.Firstly,it is argued that since the WeChat group does not have legal status,and the WeChat group leader and the group members generally do not have legal relationship,the WeChat group leader assumes the obligation as the source of its establishment of the WeChat group is the act of opening the dangerous source.Judicial judgments determine that the WeChat group leader assumes the theoretical basis of the obligation as a general duty of carein the field of German tort law.As the founder of WeChat group,WeChat group can not fulfill the management obligation of WeChat group under the condition of duty of care,and there is a certain fault,and its inaction of managing WeChat group objectively causes infringement The consequences of the damage have expanded the role of transmission.On the basis of obtaining the WeChat group master as the theoretical basis of the obligation,this paper clarifies the imputation principle,constituent elements and types of liability of the WeChat group tort liability,analyzes the actual status of the WeChat group tort liability determination,and further on the WeChat group.The Lord's responsibility assumes suggestions for improvement.In terms of improving the relevant recommendations of the WeChat group's main infringement liability,this paper believes that the WeChat group leader should be given specific management authority to improve the management status of WeChat group leader,so that they can better fulfill their management obligations to WeChat group.The subject of the management obligation is mainly the founder of the WeChat group rather than the follow-up manager who is subject to the identity of the WeChat group.The WeChat group leader should exempt the corresponding tort liability when it is difficult to foresee its own management status and damage consequences.In addition,through the expansion and interpretation of China's security obligations,the WeChat group leader can not be a tort liability.The innovations of this paper are as follows: First,it makes up for the legal nature of WeChat group,the legal relationship between group leader and group members,and the theoretical blank of the source of legal responsibility of WeChat group,and discusses the legitimacy of WeChat group leader to assume management responsibility for WeChat group.Secondly,it clarifies the constituent elements of the WeChat group's legal responsibility and puts forward relevant suggestions to provide specific behavior guidelines for the majority of WeChat users.