Research On The Civil Liability Of WeChat Group Owner

We Chat groups have been widely used in the daily life and work of our people,but at the same time a number of legal disputes have arisen as a result.In order to more effectively regulate Internet groups such as We Chat groups,the State Internet Information Office has issued The Regulations On The Administration of Internet Group Information Services,article 9 of which clearly stipulates that group owners have an obligation to manage We Chat groups.A similar view has emerged in our judicial practice,where group owners have been held liable for civil liability when they have failed in their management duties.However,neither the regulatory provisions nor the judicial decisions have clarified the source of the group owner’s management obligations and how to apply the laws and regulations to make him or her liable for the corresponding civil liability.The lack of specific provisions on the civil liability of group owners in the relevant laws and regulations has led to the phenomenon of different judgments in the same case in judicial practice,which has led to controversies.The dissertation is divided into four parts.The first section compares the relevant provisions on the management obligations of We Chat group owners in China and some classic cases that have emerged in China’s judicial trial practice,thus summarizing these outstanding problems in China’s judicial trial practice: The courts were inconsistent in their views in determining the relationship between We Chat group owners and group members,and the legal basis for determining that We Chat group owners bear management obligations was unclear.The second section analyses the theory underlying the civil liability of We Chat group owners.The author believes that the essential attribute of the We Chat group is the virtual network space,which does not have the ability to harm the legitimate rights and interests of the group members,nor does it have the qualification to bear civil liability independently.The relationship between a We Chat group owner and group members takes the form of both a friendship relationship and a contractual relationship.As the creator of the We Chat group,the We Chat group owner has the obligation to manage the We Chat group from the beginning,which is a management obligation based on the previous act of building the group,and is also a subsidiary obligation based on the contractual relationship.The third section analyses the specific circumstances and elements of liability for breach of contract for We Chat group owners.The author argues that in a paid We Chat group,where the group owner and the group members have expressly agreed to use the We Chat group as a specific means of contractual performance,the group owner’s unauthorized removal of the paid group members from the group constitutes a breach of contract.The ways in which a We Chat group owner can be held liable for breach of contract are discussed on the basis of existing cases.Continued performance,remedial measures and compensation for damages are applied depending on the extent of contract performance and the degree of negotiation between the parties.Finally,the exclusion of liability of We Chat group owners is examined.The fourth section examines the circumstances and constituent elements of tort liability for We Chat group owners.The author analyses and summarises the circumstances under which the owner of the We Chat group is held liable for tort in judicial practice in China.The elements of the tort liability for omission of We Chat group owners are discussed,and the four elements of tort,damage result,causation and fault are advocated to determine the tort liability for omission of group owners.It is recommended that the tort form be determined based on the subjective degree of fault of the group owner,which is more in line with the provisions of the principl e of fairness.In addition,a detailed analysis of the exclusion of liability for tort by the owner of the We Chat group is provided.