“避风港规则”提出的主要目的是为网络服务提供者提供免于承担赔偿责任的法定情形,但是此规则在我国往往被网络服务提供者不正当的使用,成为间接侵权行为发生以后的抗辩规则。究其原因,在于我国的“避风港规则”具有一定的局限性,主要表现为对适用前提的疏漏以及判断“红旗标准”的法律规定不明确。因此,认真分析“避风港规则”的局限性,探索其解决之道具有重要的现实意义。 The main purpose of the “Safe Harbor Rules” is to provide the ISP with exemption from liability. However, this rule is often improperly used by ISPs in our country to become a defense after indirect infringement rule. The reason is that our “safe haven rule” has its own limitations, which are mainly manifested in the omission of applicable premise and the uncertain legal provisions of “red flag standard”. Therefore, it is of great practical significance to carefully analyze the limitations of the “safe haven rule” and explore its solutions.