全国首例QQ相约自杀民事赔偿纠纷案评析
发布时间：2018-12-26 12:14
【摘要】：互联网的快速发展,给广大网络用户带来极大的便利,同时也带来诸多新的法律问题,对我国现有的法律制度提出了严峻挑战。网络服务提供者的侵权责任问题便是其中之一。由于我国目前法律并没有对网络服务提供者侵权责任作出明确的规定,法官只能从传统法律的基本原理和精神出发作出判决,但是,仅凭传统法律的基本原理和精神来审判案件是远远不够的,这种方式会使法院的判决缺乏一致性,导致相同的案件在不同的法院得到不同的判决结果；会使网络服务提供者不能对其从业的法律风险作出正确的预期；而且也不利于网络用户及相关权利人合法权益的保护。 网络服务提供者为信息的传播提供了载体与平台,是互联网产生、存在和发展的必要参与者。可以说,网络服务提供者的健康发展是互联网健康发展的重要保证。因此,从法律上对网络服务提供者服务行为的性质和应负担的义务作出界定,确定网络服务提供者侵权责任的归责原则、构成要件,明确网络服务提供者在侵权案件中应承担的责任,这直接关系到网络服务提供者的利益,关系到权利人的合法权益,关系到网络用户的正当权益,关系到整个互联网的健康发展。 我国的互联网发展起步较晚,一些发达国家,如美国、德国,互联网发展早,互联网上发生的侵权案件多,对如何规制网络服务提供者侵权责任有较深入的研究。虽然我国和这些国家在法律体系和法律制度方面存在着差异,但互联网发展的基本共性决定了我们仍可借鉴其立法的精神及在互联网发展过程中的有益经验,再结合我国实际国情制定和完善我国网络服务提供者侵权责任法律制度,从而促进我国互联网的健康发展。
[Abstract]:The rapid development of the Internet brings great convenience to the vast number of network users, but also brings many new legal problems, which poses a severe challenge to the existing legal system of our country. The tort liability of network service provider is one of them. Because the current law of our country does not make clear stipulation to the tort liability of network service provider, the judge can only make the judgment from the basic principle and spirit of the traditional law, but, It is far from enough to try a case on the basis of the basic principle and spirit of traditional law. This way will make the judgment of the court lack of consistency, leading to the same case in different courts to obtain different results of judgment; It will make the network service provider unable to make the correct expectation on the legal risk of its employment, and it will also be unfavorable to the protection of the legal rights and interests of the network users and the relevant right holders. Network service providers provide carriers and platforms for the dissemination of information and are essential participants in the generation, existence and development of the Internet. It can be said that the healthy development of network service providers is an important guarantee of the healthy development of the Internet. Therefore, from the legal definition of the nature of the network service provider service behavior and the obligations to bear, determine the network service provider tort liability principle, constitutive elements, It is clear that the responsibility of network service provider in tort cases is directly related to the interests of network service providers, the legitimate rights and interests of the right holders, and the legitimate rights and interests of network users. Related to the healthy development of the entire Internet. The development of Internet in China started late, some developed countries, such as the United States, Germany, the Internet developed early, there are many cases of infringement on the Internet, how to regulate the tort liability of network service providers has a more in-depth study. Although there are differences between China and these countries in terms of legal systems and legal systems, the basic commonality of the development of the Internet determines that we can still learn from the spirit of their legislation and useful experience in the development of the Internet. In order to promote the healthy development of the Internet in China, the author formulates and consummates the legal system of tort liability of the network service provider in our country according to the actual situation of our country.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923;D920.5
[Abstract]:The rapid development of the Internet brings great convenience to the vast number of network users, but also brings many new legal problems, which poses a severe challenge to the existing legal system of our country. The tort liability of network service provider is one of them. Because the current law of our country does not make clear stipulation to the tort liability of network service provider, the judge can only make the judgment from the basic principle and spirit of the traditional law, but, It is far from enough to try a case on the basis of the basic principle and spirit of traditional law. This way will make the judgment of the court lack of consistency, leading to the same case in different courts to obtain different results of judgment; It will make the network service provider unable to make the correct expectation on the legal risk of its employment, and it will also be unfavorable to the protection of the legal rights and interests of the network users and the relevant right holders. Network service providers provide carriers and platforms for the dissemination of information and are essential participants in the generation, existence and development of the Internet. It can be said that the healthy development of network service providers is an important guarantee of the healthy development of the Internet. Therefore, from the legal definition of the nature of the network service provider service behavior and the obligations to bear, determine the network service provider tort liability principle, constitutive elements, It is clear that the responsibility of network service provider in tort cases is directly related to the interests of network service providers, the legitimate rights and interests of the right holders, and the legitimate rights and interests of network users. Related to the healthy development of the entire Internet. The development of Internet in China started late, some developed countries, such as the United States, Germany, the Internet developed early, there are many cases of infringement on the Internet, how to regulate the tort liability of network service providers has a more in-depth study. Although there are differences between China and these countries in terms of legal systems and legal systems, the basic commonality of the development of the Internet determines that we can still learn from the spirit of their legislation and useful experience in the development of the Internet. In order to promote the healthy development of the Internet in China, the author formulates and consummates the legal system of tort liability of the network service provider in our country according to the actual situation of our country.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923;D920.5
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