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Paper代写:The legal regulation of network tort

2019-10-09 | 来源:51Due教员组 | 类别:Paper代写范文

本篇paper代写- The legal regulation of network tort讨论了网络侵权行为的法律规制。网络侵权行为的特点包括侵权主体的特定性以及损害后果的严重性,网络侵权行为的类型同样具有多样性的特征,包括侵犯人格权、知识产权、财产权等。规制网络侵权行为的过程中,在立法层面上,可以制定专门的网络侵权责任法,并建立健全电子证据公证保全制度,从而提高不法分子的网络侵权成本,净化网络环境。本篇paper代写51due代写平台整理,供大家参考阅读。

legal regulation of network tort,网络侵权行为,paper代写,代写,essay代写

The so-called "Internet tort", in a literal sense, is the act of the actor in cyberspace to infringe on the civil rights of others. Network tort shows the characteristics of complexity and diversification. Based on the characteristics of low cost and fast propagation, network tort is very common in judicial practice and needs to be strictly regulated.

The main body that carries out network tort includes two kinds, one is network user, the other is network service provider. Network users commonly known as "netizens", the rapid development of the network is inseparable from a large base of network users, through the network, network users can browse, upload, download a variety of information, and speak freely, fully express their ideas on a certain thing. In judicial practice, network users belong to the most common and the largest number of network torts. Network service providers include network access service providers and network content service providers.

In terms of transmission speed, network information is transmitted through optical cable and satellite, and the transmission speed can reach to the second. Therefore, instant transmission can be easily realized through the network. In addition, in terms of transmission scope, the network has the characteristics of global and trans-regional. Two users who are separated from each other can share all kinds of information on the network at any time even if the geographical location between them is very far away. Network transmission speed, wide spread and other characteristics of network infringement often cause a very huge impact, in a very short time to bring very serious damage consequences.

There are countless social networking platforms, including QQ, WeChat, weibo, BBS and BBS. Through these platforms, people are free to express their opinions and ideas. However, in this process, some people may violate others' personal rights, such as reputation, right of honor, right of privacy, etc., such as publishing their personal privacy without others' consent, and spreading others' negative information on the Internet.

The popularity of the Internet has brought a lot of convenience to people. On the one hand, it has improved the influence of right holders of online works and created opportunities for many unknown authors to show themselves. On the other hand, it also provides a more convenient, fast and cheap way for the majority of Internet users to obtain works, which enriches people's spiritual life. However, the emergence and development of the Internet also gave birth to a large number of intellectual property rights violations. Due to breakthrough the limitation of the traditional carrier of digital technology, network works don't need to be dependent on the physical carrier, can be easily in the network space for storage, copy, distribute, as a result, intellectual property infringement network works tend to only need to spend little time cost and economic costs, lead to the infringement behavior can be found everywhere, in the judicial practice, seriously violate the legitimate rights and interests of the holder of the network works.

In judicial practice, some criminals steal others' property and infringe others' property rights in cyberspace by means of fraud or "hacker" technology, such as sending phishing websites to victims and inducing them to transfer money to them. In addition, with the explosive development of the Internet, some virtual property with transaction value gradually appears in the cyberspace, which may also become the target of infringement by others. It can be seen that there are also a large number of violations of property rights in the network.

At present, network tort law norms dispersedly distributed in different legal documents, such as the general civil law, the tort liability act "contract law" "copyright law" and so on, however, most of the relevant legal provisions comparison principle, abstract, only the tort liability law article 36 on the network tort is relatively clear rules, but there is still a lot of legislation blank, its legal lag is more obvious. In this regard, the author suggests that the standing committee of the National People's Congress formulate the law on network tort liability, which systematically standardizes the legal content of network tort, including torts subject, liability attribution principle, constitutive elements and liability bearing, so as to improve the operability of the law and provide clear legal guidance for judicial practice.

Electronic evidence notary preservation refers to the process in which the notary institution extracts relevant electronic data and fixes it within the scope stipulated by law according to the application of the party concerned. The purpose of electronic evidence preservation is to fix the electronic data that can prove the facts of some cases in the form of notarial documents. Establishing and perfecting the system of electronic evidence notary preservation can improve the efficiency of the trial of network infringement disputes and restrain the network infringement to some extent.

To be specific, first of all, uniform operational procedures for the preservation of electronic evidence notarization are formulated, which are respectively standardized according to the different characteristics and requirements of the three stages before, during and after preservation. Secondly, a series of scientific and reasonable measures should be taken to prevent false notarization. For example, special security facilities should be equipped to improve the comprehensive quality of the notary staff and seek support from Internet technicians when necessary. Finally, establish a scientific and clear standard for the effectiveness of the notarial certificate of defects. In the process of the effectiveness of the electronic evidence notarial certificate of defects, it is not suitable to adopt a mechanical method for unified identification, but should be determined separately according to the type of the notarial certificate flaw.

The characteristics of network torts include the specificity of torts and the seriousness of the damage consequences. The types of network torts also have the characteristics of diversity, including the infringement of personal rights, intellectual property rights, property rights and so on. In the process of regulating network infringement, special network tort liability law can be formulated at the legislative level, and the electronic evidence notary preservation system can be established and improved, so as to improve the cost of network infringement of criminals and purify the network environment.

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