A Preliminary Study On The Security Guarantee Obligations Of Network Service Providers

As the Internet penetrates into every corner of society,online transactions and online information searches rooted in cyberspace have brought great convenience to people’s economic life,but at the same time,they have also brought dangers such as the instability of online transactions,the leakage of netizens’ information,and the loss of virtual property of network users.With the implementation of the Cybersecurity Law of the People’s Republic of China,the state has managed cybersecurity issues from the perspective of public law,and potential security dangers in cyberspace have been curbed to a certain extent.However,the damage to network users has not been cured,and the security obligations of network service providers should also be explored from the perspective of private law.The current law does not clearly stipulate the security guarantee obligation system of network service providers through legislation,and in the context of the network information age,it has certain practical value to adapt the security guarantee obligation to the network field.This paper mainly combines network service providers with security obligations,explores the general provisions of network service providers’ security obligations,and conducts a typological study on network service providers’ security obligations.This paper examines the security obligations of network service providers from the following four aspects:The first part is the introduction.First,the social background of the security obligations undertaken by network service providers is introduced,and the purpose and significance of the study are clarified in order to facilitate the fight against online infringement in judicial practice,strengthen the protection of the legitimate rights and interests of network users by clarifying the content and responsibilities of their obligations,and build a safe and stable cyberspace.Then,the current situation of domestic and foreign research on the subject of this paper is analyzed,on the one hand,from the content of security guarantee obligations,analyzing the views of different scholars on this issue,and on the other hand,from the perspective of the responsibility of network service providers for violating security obligations,it clarifies the different forms of responsibility of network service providers under different circumstances.The current situation of foreign research mainly analyzes the development of security obligations in Germany and the United States,two countries with different legal systems,and provides reference for the research of this paper.The second part is the current situation and problems of the obligations of network service providers.Including the relevant legislative provisions in force,such as the Civil Code,the E-commerce Law,the National Security Law,and the Food Safety Law.It also includes the current state of practice,such as many typical online infringement cases.Through typical cases,it is triggered to further thinking,raises questions,finds that there is a lack of systematic research on the obligations of network service providers,and summarizes some specific problems in judicial practice.The third part is the feasibility and application value of extending traditional security obligations to cyberspace.Firstly,the theoretical basis of the traditional security obligation is discussed,including the theoretical source and legal basis.Secondly,by discussing the wide range of adaptation fields of security obligations and the evolution of the role of network service providers,it is demonstrated that security obligations can be extended to cyberspace at present.Finally,the adaptive value of network service providers’ security obligations is discussed.The fourth part puts forward the general provisions and typological situations of network service providers’ security obligations.Through the above research,the criteria for identifying the subject of obligations are proposed.With regard to the content of obligations,it is not possible to propose specific and general content of obligations,but the criteria for judging the content of the obligation should be clarified,so as to limit the content of the obligation.After analyzing the tort liability for breach of obligations,the different liabilities under different circumstances are classified and discussed,and the meaning of "corresponding liability" in Article 38 of the E-Commerce Law is mainly studied.After putting forward general provisions,on this basis,a typed study is carried out,and the security obligations of network service providers are studied in detail by specifically discussing the content characteristics and liability methods of the respective obligations of personal security protection obligations,virtual property protection obligations,personal information protection obligations,and evidence provision obligations.