An Approach to Article 36 of the Tort Law of PRC:Its Understanding and Application

Article 36of the Tort Law of the People's Republic of China stipulates the tort liability of Internet user and Internet Service Provider.It is the first time to set tort liability for Internet Service Provider in China in the basic law level.And this article will be the guide of so many tort cases arising in the Internet world in China.It reflects both the influence of scientific and technological development to the legal content and the organization and management of the law to the development of science and technology.For the article just gives general guidelines,subject to the scope of responsibility,accountability and other issues also need to be further clarified and refined by the method of legal interpretation.