The Liability of Online Service Provider Under the Tort Liability Law

With the increasing popularity of the network,there has been more and more infringement on the Internet. The online service providers,as the center of network information transmis- sion,have always been involved in network infringement dispute and alleged as the tortfeasor by the infringee. Considering the consistency of the legislative technique and the healthy development of the network industry,it is appropriate that the online service providers assume fault liability under the Article 36 of the Tort Liability Law. The scope of online service providers' liability under direct infringement and indirect infringement shall differ,and when the providers commit torts together with network users ,they shall be jointly liable. However,this may increase the liability of online service providers. In order to balance their rights and obligations,many countries set limitation on the liability of online service providers in their related law. In China,safe harborrule has also been established in the Article 36 of the Tort Liability Law. Specific distinction of online service providers has not been made under this article, and various types of online service providers apply the same rule. This is obviously not tight in the logic. But for the consideration of the stability of the Tort Liability Law as a basic law,it is more reasonable to make specific distinction of the on-line service providers in future specific legislation on network.