Research On Tort Liability For Error Notification

In the popularization of height of today’s society,network is more complexity and universality,"civil code" in the original the tort liability act "notice-delete" rules on the basis of the perfect,set error notification shall bear tort liability,the rights and obligations,both for the balance of the right holder and network users play "notice-delete" legislative purpose rules is of great significance.This paper mainly adopts the research method of legal hermeneutics and discusses the error notification clause in the third clause of Article 1195 of the Civil Code according to the logic of legal articles.The first part of the paper defines the concept of false notice,and holds that false notice refers to the behavior that the right holder infringes the legitimate rights and interests of network users and Internet service providers due to the error of the notice content.At the same time,error notice is different from qualified notice,defect notice and malicious notice in form and substance.The second part of the thesis analyzes the constitutive elements of the wrong notice tort liability,and makes it clear that the wrong notice tort liability should meet the four elements of subjective fault,illegality,damage and causality.The third part of the paper studies the form of tort liability for false notice,and understands the form of "tort liability" in the third paragraph of Article 1195 of the Civil Code as the liability for damages.On the one hand,the principle of complete compensation is applicable to tort damages,but the discretionary rule should be reasonably applied in cases to determine the scope and amount of damages for false notification.On the other hand,for the punitive damages liability stipulated by the special law,its application should meet the subjective mentality of malicious intent,the scope of application is legal,serious damage consequences and other elements,the amount of punitive damages determined by comprehensive consideration of proportion,maximum limit and the special factors of the case,so as to achieve reasonable regulation of malicious notice behavior.