Research On The Legal System Of Security Guarantee Obligations Of Network Service Provides

In today’s society,the rapid development of network information technology,people’s study,work,entertainment,socialization and many other behaviors can be carried out in cyberspace,and the public attributes of cyberspace make the possibility of network infringement greatly increased.China’s current laws on network service providers do not explicitly stipulate that they have security obligations in cyberspace,however,with reference to the German law on the obligation of security of interaction,China’s laws provide for the security obligations in the real field.How to scientifically and reasonably identify the safety guarantee obligations of network service providers and balance the needs of civil rights and the governance of cyberspace is an important and complex issue.Therefore,under the value of public security and order,the study of the security obligations of network service providers according to the latest regulations of modernized governance of China’s cyberspace can not only stimulate the positive action of network subjects by giving them obligations,but also construct a network security mechanism to solve the problem of network chaos from the institutional level,and then provide support for the rationality and order of China’s cyberspace activities.The starting point of the duty of safety and security is to better address the frequent social risks in society and to provide a professional legal basis for the characterization of the tort of the actor’s inaction,but according to the current explicit provisions of the law can not include the virtualized characteristics of the network to the traditional reality of the public domain,and thus provide a reasonable application of the duty of safety and security to the virtualized network space.However,it is undeniable that the network service providers,who operate and manage network places,have legal attributes similar to those of the managers of real physical fields,which provides a legitimate basis for the application of security obligations in cyber public space.Therefore,the network service provider to assume the security obligations,as an important legal basis for the settlement of network infringement disputes in practice has been the public expectation.Based on the definition of the concept of safety and security obligations of network service providers,this paper introduces the special attributes of safety and security obligations of network service providers through the qualitative analysis of traditional physical space safety and security obligations,and then clarifies the specific types of safety and security obligations that should be adopted by network service providers in China.On this basis,the theoretical basis and practical orientation of the security guarantee obligation of network service providers are elaborated,the current situation of the system and its dilemma are examined,and corresponding countermeasures are proposed for the system dilemma faced,with a view to contributing to the improvement of the legal system of security guarantee obligation of network service providers in China.