Human Flesh Search Limited law controversy

Since yesterday, the law on Tort liability has officially begun to be implemented. Among them, the new law of human flesh search for the first infringement of liability for the explicit provisions, the infringer has the right to request the deletion of post processing. The new rules quickly sparked a buzz among netizens, some netizens believe that the enactment of the new law can better protect the privacy of citizens, reduce the "maritime women" and other similar events occurred; but another part of the Netizen proposed that the implementation of this legislation will limit the grassroots to the corruption of the network supervision role, similar to "sky-high smoke", " The secretary of the Sexy diary "such as through human flesh search network supervision of the situation can also be carried out, for a time has become the focus of many netizens debate."

It is difficult to define infringement search

Is it possible to conduct cyber surveillance through human flesh search? This is a lot of netizens in the "Tort liability law" after the relevant provisions of the question. In retrospect, Nanjing "sky-high Smoke" director Jiugeng, Guangxi "Sexy Diary" director Han Feng and other officials of the privacy of the netizens are published in the crowd, the corruption of human flesh search to some extent to promote the network supervision. Netizens fear that the loss of human flesh search this is a sharp weapon, the public interest will be affected; Problems officials will no longer have the heart of "cyber fear", resulting in more slip through the net.

Some netizens believe that it is because the public in the face of the problem officials have no other policy, from the grassroots "human flesh" force is particularly effective and valuable. In addition, netizens on the definition of infringement also raised the question: is all human flesh search is suspected of infringement? Infringement of other people's civil rights and interests of human flesh search should also how to define it?

Also many netizens believe that the legal restrictions on human flesh search will be the network of "rational return." Recently, Jiangxi Provincial general officials Ping Qijun in the CCTV interview introduced flood when the cliché, cause netizens dissatisfied. CCTV host then in micro-bo Exposure said, Ping Qijun was "human flesh", normal life was disturbed. There are netizens to ask this question, can you play the banner of justice at will violate others ' life?

"Online rhetoric should be free but not disorderly," said Jia Wolong, executive chairman of the China Chamber of Business Association, in his microblog. In recent years, human flesh search and network by death and other violent incidents, some people for the so-called freedom of speech but openly violate the freedom of others. At the same time as resisting violence, the overly indulgent web environment is creating a more misshapen form of violence. "The Netizen" Big nose san Cat "asserts:" When the network power is abused, the netizen becomes the mob. What they are talking about is the recent "Shipping women" in the network.

Yesterday, the reporter interviewed the Chinese mainland Research "tort liability law" the longest time scholar, is also a core member of the law drafting group-Renmin University of China Law School professor Lixin, he believes that the Tort Liability Act does not affect the network freedom of speech. And on the Ying Min law firm Qiang lawyer that if the parties believe that the site's reprint on their own infringement, the site has the obligation to delete or shield.

Only tort statements are held accountable.

Tort Liability Act 36th stipulates that: Network users, network service providers use the network infringement of other people's civil rights and interests, should bear the tort liability.

Lixin in an interview with reporters, this article actually stipulates two issues: first, network users or network service providers in the Web site to implement tort, causing damage to others, should assume tort liability. Second, under what circumstances, the Network service provider must undertake the joint and several liability to the network user to carry on on own website infringement behavior, the Tort Liability Law stipulates: First, the infringer prompts the network service provider to take the necessary measure to the network user infringement behavior, and the network service provider does not take the necessary measure in time, Of course, it must bear joint and several liability for the enlarged damage, and the other is that the network service provider, knowing that the Internet user has committed the infringement on his website, does not take the necessary measures, and the law orders it to bear joint liability.

Whether the introduction of the article will affect the freedom of speech in the network, Lixin said, the main characteristics of the network is open, timely, not by others. However, a network service provider does not have a prior obligation to review the information published on the network, unless it is published by the website itself. First, the site in the Ming know the user infringement, such as also with him, that will bear joint and several liability, second, the site should be deleted in time after the post, if not deleted, but also to bear joint and several liability. The so-called "timely" here is the network service provider in the right time after receiving the notice of the infringer, or the network service provider after receiving the notice of infringement within a reasonable time.