Tort Liability Of Internet Service Provider Problem Research

Internet technology is developing rapidly,ranging from national social management to our daily necessities.The Internet occupies a large part of our lives,making our production and life very simple and efficient.Through the Internet,our work and learning efficiency has been greatly improved.The information we want can be quickly obtained on the Internet,and the data resources are unprecedented.However,while we are dancing and enjoying the Internet world,some criminals use the Internet as a tool and turn their attention to how to obtain illegal information through the Internet,so as to quickly obtain improper benefits.People call this type of infringement collectively as online infringement.Compared with general infringement methods,the forms of online infringement are diverse and hidden.The infringement information is hidden in every corner of the network space and is not easy to find,so that the infringer can unscrupulously spread the infringement information and wait for the right holder to defend their rights.At that time,the consequences of the damage were already serious.So when a network infringement case arises,in addition to the infringer,does the network service provider need to bear responsibility,and if so,what responsibility should it be? Therefore,studying this topic is of great significance for the accurate identification of the liability of the infringer in the network infringement case,which is of great significance for protecting the right holder to the greatest extent.In addition to the introduction,this article is divided into four parts.The first part discusses the general issues of the tort liability of network service providers.First,it analyzes and defines the concept classification and legal status of network service providers,and introduces relevant domestic and foreign regulations and theoretical research respectively.On this basis,this paper proposes the views of this article: I believe that the concept and classification of network service providers should be broadened To grasp and understand from the angle;secondly,analyze the characteristics of network infringement and the legal status of network service providers;finally,explain the theoretical basis of network service providers’ responsibility for tort from two aspects.The second part mainly discusses the content of the duty of care of network service providers.First,it explains the determination of the duty of care,and also needs to pay attention to the degree and content of the duty of care;secondly,it sorts out and summarizes the relevant provisions concerning the content of duty of care in the relevant laws of our country.Therefore,on this basis,the content of the duty of care that network service providers need to bear is more clarified,which can be divided into two categories,the content of general duty of care and the content of special duty of care.The third part discusses the imputation principle that should be applied to investigate the infringement liability of network service providers.First of all,scholars have different opinions on the application of the principle of tort liability in the theoretical field.Some believe that the principle of no-fault liability and some believe that the principle of fault liability applies;secondly,referring to foreign legislation,the principle of liability of foreign countries is also After continuous development,improvement and progress,the first is the principle of strict liability,that is,the principle of no-fault liability.After continuous updating and improvement of laws and practices,the principle of fault liability is finally established.Finally,this article considers the principle of imputation: It is more appropriate to apply the principle of fault liability to network service providers.At the same time,the right holder may be unable to provide evidence in some cases.Considering the balance of social fairness and justice between the parties,the principle of presumption of fault can be applied in some areas.The fourth part discusses the form of the network service provider’s liability for infringement.Firstly,I introduce the different views of scholars on the form of responsibility of network service providers: joint liability,untrue joint and several liability,and share liability;secondly,refer to the regulations of other foreign countries on the form of infringement liability of network service providers;finally think about network services Is the provider’s tort liability form only joint liability? This article advocates a two-tier construction,applying joint and several liability respectively.