Research On The Tort Liability Of Wechat Group Leader's Omission

Wechat group chat plays an important role in promoting the exchange of information among members of the society.However,there are more and more infringement disputes in wechat group,which brings new topics and challenges to theory and practice.The occurrence and expansion of infringement in wechat group is related to the inaction of wechat group leaders,who establish and maintain wechat group and expand the possibility of risk harm.In dealing with the infringement of wechat group leader's omission in judicial practice,it is necessary to clarify the relevant provisions of laws and regulations,combine the characteristics of wechat group and its leader,and determine the liability for infringement of wechat group leader's omission in accordance with the laws and regulations on the basis of clarifying the obligation of wechat group leader.In the first part,the concept of wechat group and its owner and the connotation of relevant legal relationship.Wechat group space is a public place,and the space order should be maintained as the real public space.Wechat group is not a civil subject,and its members have independent civil subject qualification.Wechat group leader is the founder and manager of wechat group,who has certain management authority and has no contractual relationship with group members.Therefore,wechat group leader does not have the protection obligation in contract law for group members.At present,the legal regulation of wechat group in China is more and more detailed,but the legislation is mainly concentrated in the field of public law.The lack of special legislation or interpretation in the civil field makes it difficult to identify the infringement of wechat group leader's omission.The second part,the legislation and judicial status of wechat group owners' omission infringement.In our country,there is no special stipulation of omission tort,but the basic civil law has the principle of obligation and responsibility,and the legislation absorbs the theory of omission tort outside the country,and determines the special clause of omission tort.In judicial practice,there are more and more cases of suing wechat group leaders for inaction,and there are different opinions on whether or not wechat group leaders should bear the responsibility or what kind of responsibility.In view of the vagueness of legislation and the different understanding of judicature,it is necessary to analyze the obligations of wechat group owners and make clear the liability of non infringement of wechat group owners.The third part,the obligations of wechat group leaders.The obligation of wechatgroup owners is the premise and basis of omission infringement.The obligations of wechat group leaders are based on the theory of risk control,the principle of public order and good custom,the theory of reasonable trust,and the principle of consistency of rights and obligations.The obligations of wechat group owners come from the antecedent behavior and statutory provisions,which have the obligations of prevention,inspection,warning,protection,notification and so on,and it is of practical significance for wechat group owners to undertake the obligations.The fourth part,wechat group owners do not take tort liability.Wechat's tort liability for omission is a kind of adverse legal consequence that must be borne after violating the obligation of act.It has the common character with the general tort liability for omission,but it also has the particularity,which needs specific analysis.This part mainly from the perspective of accurately identifying the liability of non infringement of wechat group owners,analyzes the principles of liability,elements,forms of liability and relief reasons.