Severe Laws Struggling Network Industry—On "Tort Law" Article 36 of the Questioned

Combining the types of service of the network service providers the basic theories of limtation of liability and anti-limtation of liability and legislations of domestic and foreign,the paper noted that,ignoring the types of service of the network service providers,across the board liable jointly and severally,Article 36 provision of Tort Liability Act is bound to increase the responsibility of internet service provides and contused the enthusiasm of network services ;Ignoring domestic and international legislations on internet service provides infringement liability limitation rules—a safe haven rules,Article 36 provision processed disputes in simple way ;With the Tort Law implemented,Article 36 provision will result in conflicting with the Information Network Transmission Right Protection Ordinance(hereinafter referrred to as the Ordinance)so the reasonable regulations in Ordinance)can not apply etc.The author proposed to delete Article 36 paragraph 2,3,retention paragraph 1,and add one sentence except for the provisions of laws and regulations have excluded ;or delete the provisions of Article 36,as a specialized section of network tort Liability,we can integrate the relevant provisions of the Ordinance to improve network tort liability.