Study on the Tort Liability of Internet Service Provider in China
|Keywords||Network Service Providers Liability Fault|
The highly development of network is changing people’s lives, but the speed of information dissemination, the virtualization of network identity, the exchange of information asymmetry, as well as the dispersion of the shortcomings of network management has been prominent. The network service provider as the main network violations plays a very important role in the network infringement and the network service provider plays a decisive role in relation to online infringement problems. Throughout the theoretical research with domestic and international legislation, there is no single type of network service provider is divided.This article made a systematic study on the Internet Service’s tortuous liability so as to provide theoretical support for our legislation perfection of legislation, and thus provide a trial basis for China’s judicial.This article is divided into four parts:the first part is the overview of tort liability for Internet Service Providers. This part has introduced network service provider concept; Analysis of the type definition of and the provisions on the network service provider of academia and our laws.Again, This article outlines five characteristics of the network infringement; Finally, the author discusses the network Tort Liability.Second part of article is our legislations of tort liability for Network Service Providers. The authors analyzed the provisions and the presence of the inadequacies of China’s relevant laws and regulations from the concept of network service providers, the attributable principles of network service providers and Presentation Rules.Part three is that the foreign legislation of tort liability for network service providers and the comparative on law study. This part analys different legislations of the representative foreign Countries and regions, such as United States, Germany, and EU and outlined their commons:(1) a clear classification for network service providers;(2) liability for tort liability for fault;(3) liability for tort liability for fault;(4) there are separate and mature to legislation.The last part and the key parts of this article is that the perfection of tort liability for Network Service Providers of China. It focuses on perfecting the Network Services liability legislation from four aspects:improving the classification of network service providers, perfecting the principles of network service provider in China, through tips on perfecting rules, to develop a comprehensive legislation on the Internet.