How to deal with network infringement

As the saying goes, the limit of power stops at the tip of others' nose. In other words, the boundary for each of us to exercise power is not to infringe on the rights of others. Network has become one of the main themes of this century, and it has penetrated people even bit by bit. What followed was the network infringement, which became more and more serious. With the smooth progress of nationwide legal popularization activities, more and more people began to take up legal weapons to help them defend their rights when they found that online infringement seriously affected their lives and work. However, it should be noted that correct measures should be taken to safeguard their rights according to law. First, contact network users and ask them to delete network infringement information. Naturally, first of all, there are network users who initiate network infringement, and they are undoubtedly the subjects who should bear the tort liability. When encountering network infringement, the first step is to directly negotiate with the network users who publish information and ask them to delete the information, so as to prevent the further spread of bad information and safeguard their legitimate rights and interests. In network infringement, network users often need a user name to publish information, so the infringed can leave a message on the network to inform them of the seriousness of the situation. In China's legal system, improper release of network information requires civil liability, administrative liability and even criminal liability. China's General Principles of Civil Law, Tort Liability Law and Judicial Interpretation of Information Network Infringement stipulate the infringer's civil responsibilities such as apology, restoration of reputation and compensation for losses. At the same time, according to Article 42 of the Law on Public Security Administration Punishment, the infringer may have to bear a fine or even detention. If it complies with Article 246 of the Criminal Law and the judicial interpretation of Information internet libel, if criminal proceedings are initiated, the infringer may even be sentenced to three years' imprisonment. Therefore, as Gao said, law is not a child's play. Inform network users of the possible responsibilities of the infringer, and the infringer can delete the information and eliminate the bad information from the root. Second, inform network service providers and urge them to take necessary measures. The online world belongs to the virtual world, and the online real-name registration system has not yet been implemented. Without knowing the true identity of the other party, the other party has nothing to hide. However, the injured party need not feel uneasy about this. When the network users can't be contacted or simply ignore them, the victims can contact the network service providers, inform them of relevant information, and urge them to take necessary measures to prevent the spread of bad information. Paragraph 2 of Article 36 of China's Tort Liability Law stipulates: "If a network user uses a network service to commit an infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, blocking and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the expanded part of the damage. " The third paragraph stipulates: "If a network service provider knows that a network user uses its network service to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall be jointly and severally liable with the network user." Therefore, the infringed can contact the Internet service provider to take necessary measures. At the same time, the infringer should inform in an appropriate way and keep the evidence. Article 5 of the Judicial Interpretation of Information Network Infringement stipulates that the notice can only be recognized as valid by the people's court if it meets the relevant conditions. First of all, the infringer needs to notify the network service provider in writing or through the publicity of the network service provider. Secondly, the notice should include three contents. First, the name and contact information of the notifier; The second is the network address that needs to take necessary measures or the relevant information that is enough to accurately locate the infringing content; Third, the reason why the notifier asked to delete the relevant information. If the notice issued by the infringer does not meet the above conditions and the network service provider claims to be exempted from liability, the people's court shall support it. 3. Bring a lawsuit to the court and ask the court to take compulsory measures. It is naturally gratifying that network users and network service providers can take timely measures to prevent the infringement from further expanding. However, this is only an ideal state. In the case that network users and network service providers do not cooperate, the infringed may bring a lawsuit to the court. First of all, in the choice of the court of jurisdiction, according to the provisions of Article 2 of the Judicial Interpretation of Information Network Infringement, it shall be under the jurisdiction of the people's court of the place where the infringement is committed or where the defendant has his domicile. Secondly, in the choice of the defendant, if the loss is only caused by the network user, the network user should be the defendant. In case of any of the circumstances specified in Items (2) and (3) of Article 36 of the Tort Liability Law, the infringed may choose to sue the network user or network service provider. When suing one of the parties separately, you may request to add the other party as a co-defendant or a third party. Third, in terms of the content of the request, the infringed may request the people's court to order the infringer to assume the responsibility of apologizing, eliminating the influence or restoring his reputation. If the infringer refuses to perform, the people's court may take reasonable measures such as publishing an announcement on the Internet and publishing judgment documents, and the expenses arising therefrom shall be borne by the infringer. If property damage or serious mental damage is caused, the infringed may request him to bear the liability for compensation according to the provisions of Articles 20 and 22 of the Tort Liability Law. Because the laws and regulations in the field of network security are not perfect, there is no feasible and perfect legal measure to regulate infringement. So in reality, network infringement is more difficult to deal with. Therefore, in judicial practice, judges can only refer to the general norms of civil law and criminal law for trial. But the judge's judgment based on personal understanding, as a person, must be subjective. Therefore, in case of network infringement, we should seek the help of lawyers and other professionals in time to safeguard our legitimate rights and interests.

Legal objectivity:

Article 1 194 of the Civil Code of People's Republic of China (PRC): Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, those provisions shall prevail. According to article 1 195 of the Civil Code of People's Republic of China (PRC), if a network user uses a network service to commit an infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking and disconnecting the link. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee. After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users. If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.