Research on the tort liability of network service providers

Abstract

In the context of the rapid development of the Internet, the incidence of online infringement is also rising. With the diversification of online infringements, the infringing subjects include not only ordinary users, but also network service providers. According to the relevant provisions of the Civil Code, the principle of attribution of liability for network infringement of network service providers is usually general fault liability. However, tort prevention liability that is not for the purpose of compensation for damages is not conditional on fault. In indirect infringement, the liability of the network service provider and the direct infringer is usually in the form of aiding in joint infringement, and the former is guilty of helping the infringer. In the event of a data breach, the network service provider usually bears additional liability for violating the security obligation.