论文部分内容阅读
《侵权责任法》第三十六条中规定的,网络服务提供者与实施侵权的用户承担连带责任的内容,在理论界引起了不小的争论,对于此规定的连带责任是否为不真正连带责任更是莫衷一是。同时我国理论界对于不真正连带责任具体内涵争议颇多,而对于网络服务提供者侵权研究也较为笼统。据此,文章将首先探析不真正连带责任的法律特点,之后再以《侵权责任法》第三十六条为研究线索,对网络服务提供者侵权责任进行研究。
Article 36 of the Law of Tort Liability stipulates that the content of the joint liability between the ISP and the user who infringes the copyright has caused considerable controversy in the theoretical circle. Whether the joint and several liability for this provision is not true or not Responsibility is incomprehensible. At the same time, there are quite a lot of controversies about the specific connotation of the unreal joint and several liability in the theoretical circles in our country, and there is also a general research on the infringement of ISPs. Accordingly, the article will first explore the legal features of non-joint and several liability, and then use the thirty-sixth article of Tort Liability Act as a research clue to study the tort liability of network service providers.