Legal risk Prevention of website construction and website operation in China

Intermediary transaction SEO diagnosis Taobao guest Cloud host technology Hall

July 2009 Cnnic "Report" shows that the size of China's Internet users and broadband Internet users have grown rapidly, the Internet scale of the world's first place. By the end of June 2009, China's internet users had reached 338 million, up 13.4% from the end of 2008, 40 million per cent in half a year, while broadband internet users reached 320 million, accounting for 94.3% of the total number of Internet users, and 3.7% per cent from the end of 2008. As of June 30, 2009, the number of Chinese netizens is 338 million, broadband Internet users 320 million, the number of Web sites 3.061 million. The rural Netizen has 95.65 million people, the blog user has 181 million people,

From the data provided by CNNIC, we see that the number of websites in China is already over 3 million, and that number is still increasing sharply. At the same time, with the sound of China's internet laws and regulations, how to prevent legal risks in website construction and website Development is also a problem for all the small and medium sized websites in China.

The Interview project: China Gu Network Law editorial office

This interview text: Li Hui

The following is the QQ interview content:

9ask.cn: Hello, [lawyer], very honored to invite you to answer the legal questions for China's large and medium sized websites.

[lawyer]: Hello. It is a great honor to be able to provide some legal help for the vast number of it practitioners through our professional network.

9ask.cn: OK, [lawyer], as far as the new economic field of the Internet is concerned, what are the main laws and regulations about Internet in our country?

[lawyer]: As far as our country is concerned, since the beginning of the internet began in the 90 's, some laws and regulations have been published more in this time. There are mainly the following laws and regulations.

September 25, 2000 implementation of the "Internet Information Services management measures."

November 06, 2000 implementation of the "Internet Electronic Bulletin Service Management regulations."

January 01, 2002 implementation of the "Telecommunications business license management measures."

December 20, 2004 implementation of the "China Internet domain name management measures."

April 01, 2005 implementation of the "Electronic certification services management measures."

September 25, 2005 implementation of the "Internet News Information Services management regulations."

March 20, 2005 implementation of the "Internet IP address record management measures."

March 20, 2005, the implementation of the "non-operating Internet Information Services record management measures."

March 30, 2006 implementation of the "Internet E-mail service management measures."

January 31, 2008 implementation of the "Internet Audio-visual Program service management regulations."

The above is mainly enumerated. Relevant departmental regulations.

9ask.cn:[: What about the laws of our country on computer crime?

[lawyer]: In this regard, there are clear provisions in the criminal law. This is mainly a relatively serious crime, in general, refers to the "hacker behavior." ”

The crime of illegally invading computer information system, invades the behavior of computer information system in the fields of state affairs, National Defense construction and cutting-edge science and technology.

In general, it is to invade the competitor website to obtain the trade secret, but this does not constitute the illegal intrusion computer information system crime. Currently on the internet, "plagiarism imitation wind" is mainly suspected of infringing copyright, infringement of trade secrets.

9ask.cn: Thank you very much for the explanation of some Internet related laws and regulations. The following on the network of users to answer questions.

9ask.cn: China gu net netizen lb4qzsjxf asks:

Foreign companies to open a gambling web site (the server outside and local gambling is a legitimate act), to attract mainland China's citizens online gambling (no development agent, gambling huge), this judicial practice how to deal with? Do foreign companies violate our laws and regulations?

[lawyer]: According to the user's description of the matter. According to the jurisdiction principle of our country's criminal law, these overseas companies have violated our country's criminal law stipulation. In respect of these acts, our criminal law has jurisdiction and should be held criminally responsible.

In our country is prohibited to open a gambling site, which itself is illegal, hope that the majority of webmaster do not defy the law.

9ask.cn: A netizen asked: I operate a website, my site is mainly to provide music and video downloads, I ask, I do this station whether the issue of copyright, whether the people charged?

[Lawyer]:

Hello, net friend, like you this kind of website this kind of situation. Under normal circumstances, as long as not the right person to upload, or to your site license upload music and video downloads. Other circumstances have constituted an act of tort. If you know that you have not been authorized by others, or to provide download services. constitutes a joint tort. Need to take legal responsibility.

In this case. It is recommended that you make a statement on the website. can reduce risk.

9ask.cn: A netizen asked, now there are a lot of online sites, such as "Running Kart", "Journey plug" and so on. But the traffic of these websites is generally relatively high, we these stationmaster some also depend on to eat these flows. If the individual builds such a website, whether it is closed.

[lawyer]: Yes,

"Illegal servers", "plug" is an offence. According to the General Administration of Press and publication, the Ministry of Information Industry, the State Administration for Industry and commerce, the State Copyright administration, the national "vice" "succoured" Working Group Office of the "illegal", "plug-in" Special Governance Notice "", "plug" unlawful acts of illicit Internet publishing activities, should be severely combated by law.

"Servers", "plug" means without permission or authorization, to destroy legal publishing, the copyright of other people enjoy the Internet game works of the technical protection measures, modify the work data, unauthorized erection of the server, the production of game recharge cards (point cards), operating or linked to the operation of legitimate publishing, other people enjoy the copyright of the Internet game works, so as to seek benefits and infringe upon the interests of others.

In such cases, it is an infringement of intellectual property rights.

Article No. 225 of the Penal Code stipulates that in violation of state regulations, for serious disruption of the market order of illegal operations, disturb the market order, serious circumstances, place five years imprisonment or criminal detention, and or a single place of the illegal income of more than five times times the following fines; the circumstances are particularly serious, for more than five years imprisonment, and to place a fine of more than five times times the penalty or forfeiture of property.

The 11th article of the Supreme People's Court's interpretation of the specific application of law in criminal cases of illegal publications stipulates that, in violation of state regulations, the publication, printing, reproduction and distribution of other illegal publications which seriously endanger the social order and disturb the market order are serious and in accordance with the provisions of article No. 225 (iii) Guilty of a crime of unlawful operation. At the same time, the illegal income and so on made a judicial interpretation.

According to the 2003 Press and publication Administration and other five ministries, "plug-in" illegal Internet publishing activities, should be severely dealt with under the law. Therefore, "external" operators constitute the crime of illegal operation, should bear criminal responsibility.

9ask.cn: The human Body Art station is legal.

[Lawyer]:

Search the body art in Baidu to find related pages about 3,370,000. It seems that this volume is still very large, but the establishment of such a website, careless operation easily violated criminal law. Because the body art site is mostly pictures. So. The picture is easy to "involve yellow". liable to be prosecuted for "spreading obscene articles".

9ask.cn: A netizen asks, why some website is closed? Then what should we do as a webmaster to prevent the site from being shut down, very legitimate operation?

[lawyer]: For the majority of stationmaster, make money premise is, the website is operated well. Can let the user open. According to the relevant provisions of the Internet Information Service management measures

15th an Internet Information service provider shall not produce, reproduce, publish or disseminate information containing the following: (vi) Spreading rumors, disturbing social order and undermining social stability; (vii) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; (eight) insulting or slandering others and infringing upon the lawful rights and interests of others; (ix) containing other content prohibited by laws or administrative regulations.

20th the production, reproduction, distribution, dissemination of the information listed in article 15th of these measures constitutes a crime, and the criminal responsibility is investigated according to law, the Gongan organ and the Guojiaanquan organ shall comply with the regulations of the People's Republic of China on Administrative punishments of public security and Computer Information Network International networking security management measures, and other relevant laws and administrative regulations shall be punished;

To the operator of the Internet Information service provider, and the issuing authority to order the liquidation until the revocation of the business license, notify the Enterprise registration Authority, to the non-profit Internet Information service providers, and by the filing authority to temporarily shut down the site until the closure of the site. Through the above laws and regulations, we are not difficult to find, our vast number of webmaster, in the operation of website construction, we must always pay attention to the content of the site is not in violation of some laws and regulations of the State, in the focus on the flow of time, must pay attention to the legality of the content

9ask.cn: A netizen asks, I have already handled the record formalities. Why do I have to be punished?

[Lawyer]:

This is clearly stipulated in our country. This is stipulated in order No. 292 of the State Council on the administration of Internet Information Services. In violation of the provisions of these measures, the company does not indicate its business license number or the record number on its homepage, and the telecommunication administrative organ of the province, autonomous region and municipality directly under the central authority shall be ordered to correct the fines of 5000 yuan and above 50,000 yuan.

Therefore, our general webmaster, in the initial stage of the site construction, must be timely record, in a timely manner.

9ask.cn:

China-gu network of Jiangsu Nantong users asked:

How to use the downloaded photos legally?

I have made a professional corporate website to used to promote the image of the store, it can be said that the main site, is a propaganda role, no online purchase, but the publicity must be linked to the profit, the main site has a click Bar, can directly open to the shopping site, and this shopping site, is directly available to buy. The present situation is as follows:

(1) The main site used to promote the picture, is downloaded from multiple Web sites, the size of the photos, I directly used, small size pictures, I worked through the work of the revision of the merged production, but, whether it is a large picture, or small, I have the original annotation cut, and now for these photos, how I will use, To protect my legitimacy, of course, these photos, in the future will gradually be taken by our own photos replaced, that now this time, how I will use, is legitimate, is to sanity the use of pictures, but also legal.

(2) When the use of online shopping network, also need to pay attention to what matters?

[Lawyer]: The Professional enterprise website, first he is a commercial profit organization, therefore in the website construction, belongs to the management website. Therefore, the formalities need to be handled, than the non-profit site to one step more.

The pictures downloaded on the Internet are not infringed by the authorization of the rights holders. If the site is small, in this case, no one will pay attention to you. But when your site is bigger, there will be a lot of people pay attention to, so in the early days of the site should pay attention to risk prevention. Some pictures are best designed and used by themselves.

9ask.cn: A netizen asked, the individual organized online shopping mall is not still need to carry out the operation of the record?

[lawyer]: Online shopping mall is a profitable website, if not actively handle formalities, will be closed the site or a fine, then the loss of greater.

9ask.cn: Some netizens ask, we make the website, by others the whole embezzlement, how should we do it. This bad behavior of the other side has had a great impact on us.

Lawyer]

In this case, the Internet has become commonplace. So in this case. A reservation of evidence is required. For the retention of evidence, the notary's office can be handled. Sue for infringement, ask the other party to stop the infringement, compensation for losses.

9ask.cn: Thank [the lawyer] in the busy schedule, take time to answer the majority of the owners of the legal issues.

[lawyer]: You are welcome, contemporary lawyers, also need to understand the Internet, Internet lawyer marketing is also good. Hope that today's chat communication, can give a number of webmaster friends to bring some help.