Study On Security Guarantee Obligations Of Internet Service Provider

In the dispute between Beijing Mijing Hefeng Technology Co.,Ltd.and he Xiaofei(hereinafter referred to as "Wu Yongning case"),Wu Yongning,a famous anchor,accidentally fell and died in shooting adventure videos,which led to a tort liability dispute with the live broadcast platform.In view of the responsibility of the internet service provider in this case,the judicial authorities have different opinions on the judicial application: the first trial decision applies the provisions of Article 37 of the tort liability law and holds that the internet service provider should bear the security guarantee obligations.In the second trial,Article 6 of tort liability law should be applied and the general fault clause should be applied.In this case,the tort liability of the internet service provider is affirmative,and the focus of the dispute is mainly on whether the security guarantee obligations can be applied.This article will combine the case above,and put forward my own thinking on whether to determine the security guarantee obligations of internet service providers by expanding the scope of application of Article 37 of the tort liability law.In addition to "preface" and "conclusion",this thesis consists of the following three parts:The first chapter "the basic facts of Wu Yongning case",introduces the basic facts of the case and the judgment gist of the court of first and second instance,and abstracts the focus of the case,that is,whether the service provider in this case constitutes an infringement,and whether the internet service provider should bear the security guarantee obligations on the basis of the infringement.The second chapter "tort liability of internet service provider",starting from the connotation,constituent elements and specific types of tort,holds that there is a certain special relationship between the internet service provider and the victim in this case.Based on this relationship,the internet service provider has a certain obligation to act,but fails to perform the obligation,resulting in damage results,and the internet service provider should bear it Tort liability.The third chapter "the security guarantee obligations of internet service providers",on the basis of combing the domestic and foreign legislation and judicature of security obligations,analyzes whether the provisions of this article can be extended.On the one hand,Article 37 of the tort liability law does not list the subject completely in legislation technology,leaving some room for broadening,and there are also cases of expanding the application of security obligations in judicial practice.In the absence of clear legal standards,internet service providers may also be included in the scope of application of this article in combination with other standards.On the other hand,due to the evolution of the role of internet service providers and other new situations,the internet tort liability stipulated in Article 36 of the tort liability law has not been able to adapt to the current social life,and needs to rely on mature security obligation theory.Finally,this thesis introduces the specific obligations of the internet platform,including the obligation to review and to prevent the recurrence of infringement.