2013•Unpublished venueRequires access

Negativism on Joint Liability of Internet Service Provider

Song Suhong

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Abstract

When ISP provides special services to facilitate internet user's communication,it may bear Joint and Several Liability due to the user s' violation,even the connection of intent between IPS and users doesn't exist.Joint and several liability of ISP is contradictory to jurisprudence,and is not in conformity with the purpose of legislation,the mechanism of China Tort Liability Act,and the elements of liability of helping tort.At the same time,it is contrary to network communication characteristic,and hinders the development of network communication.The tort by ISP and internet users is Multiple Tort Without Conspiracy,also known as Several Concurrent Tortfeasors provided by§12 of China Tort Liability Act. ISP should bear the Several Liability.

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What this paper is about

When ISP provides special services to facilitate internet user's communication,it may bear Joint and Several Liability due to the user s' violation,even the connection of intent between IPS and users doesn't exist.Joint and several liability of ISP is contradictory to jurisprudence,and is not in conformity with the purpose of legislation,the mechanism of China Tort Liability Act,and the elements of liability of helping tort.At the same time,it is contrary to network communication characteristic,and hinders the development of network communication.The tort by ISP and internet users is Multiple Tort Without Conspiracy,also known as Several Concurrent Tortfeasors provided by§12 of China Tort Liability Act. ISP should bear the Several Liability.

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Available abstract

When ISP provides special services to facilitate internet user's communication,it may bear Joint and Several Liability due to the user s' violation,even the connection of intent between IPS and users doesn't exist.Joint and several liability of ISP is contradictory to jurisprudence,and is not in conformity with the purpose of legislation,the mechanism of China Tort Liability Act,and the elements of liability of helping tort.At the same time,it is contrary to network communication characteristic,and hinders the development of network communication.The tort by ISP and internet users is Multiple Tort Without Conspiracy,also known as Several Concurrent Tortfeasors provided by§12 of China Tort Liability Act. ISP should bear the Several Liability.

Key concepts: Joint and several liability, Tort, Liability, Business, The Internet, Legislation, Service provider, Strict liability

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