Author(s)

Jingyi Yang

Corresponding Author

Jingyi Yang

Abstract

Internet development increases the phenomenon of network tort. However, only Article 36 of Torts in China have carried out the principle specification. The responsibility of Internet service providers have many problems. There are no conditions for notice, no counter notice rules and no clear degree of security attention obligation. These conditions are far from adequate for implementation. China's future Tort Liability Volume of the Civil Code should elaborate the tort liability of internet service providers. It is important to enhance practicability and predictability of the law, improve the specification of the important document, clarify the criteria for review and attention, and refine the notice and counter notice procedures.

Keywords

Internet Service Provider, Notice, Counter Notice, The Rule of Knowing