Reflection and Amendment of Internet Service Provider(ISP) Joint Liability

Joint liability with the third person of ISP is represented by article 36 of Chinese Tort Liability Law.The ISP is considered to help-joint tort as a result they assume joint liability.Joint liability is also the policy of victim protection.However,ISP liability should not be joint liability.Firstly,the subjective fault is not intentionally help-contributory,but violates the duty of care.Secondly,causation is not‘one cause and one result'as joint liability would indicate.It is confused with the contributory infringement of indirect tort.Joint liability,as a legal policy,gives weight to victim protection,but neglects industry development and freedom of speech.Therefore Joint liability is not logical.The ISP liability should be supplementary liability,the same as article 37、40 of Chinese Tort Liability Law.