我國避風港規(guī)則法律問題研究.pdf

1、學校代碼：10270 分類號：D923.41 學號：162502263碩士專業(yè)學位論文我國避風港規(guī)則法律問題研究學 院： 哲 學 與 法 政 學 院專業(yè)學位類別： 專業(yè)碩士專 業(yè) 領 域： 法律（法學）研 究 生 姓 名： 聶鑫指 導 教 師： 石文龍完 成 日 期： 2018 年 3 月 19 日Abstract Shanghai Normal University Master/Doctor of PhilosophyIIAbstr

2、act bstractWith the continuous improvement of social economy, the Internet industry hasbeen unprecedented development, the network has become the most importantchannel to spread information, the protection of copyright e

3、xtends to this newfield.Although the Internet has become an important means of communication amongcountries, it has shown great superiority in the aspects of information disseminationand resource utilization, but the dis

4、putes of copyright infringement on the Internetalso occur frequently.How to better protect the interests of copyright owners, adapt tothe needs of the development of network technology, not only do not violate the openan

5、d shared “Internet spirit“, but also clearly stipulate the tort liability that networkservice providers should bear.Share information and network works To achieve thebalance of interests between copyright protection, has

6、 become a new challenge of thelegislators to develop network copyright related laws and regulations. The safe harborrule is in the background. The safe harbor rule was originally produced in the UnitedStates “Digital Mil

7、lennium Copyright Law, which was introduced to China, by law,laws and regulations in our country, explain continue to improve, and graduallyformed a system. It plays an important role for our network copyright protection

8、 aswell as the process of development escort for the Internet industry in China. But thereare still some problems, such as“ know ““ should know “and“ there are reasonablegrounds to know that “between the definition of di

9、rect economic interest Theinflexibility of ““ does not change the clarity of concept, the criterion of judgingqualified notice, the effect of incomplete notice, etc. This article will explain theconcrete connotation and

10、characteristics of “haven“ by discussing the legal origin of“safe haven“ rule.Through the analysis of the domestic and foreign network copyrightprotection cases, the advantages and disadvantages of the network copyrightp

11、rotection are summarized, and the case of the application of the “safe haven“ rules inthe network copyright protection in our country is compared.This paper probes intothe applicable conditions of this rule in practice a

12、nd the definition of legal act,analyzes the legal problems involved in it, and puts forward some concrete solutions.The first chapter introduces the research background and significance, researchpurpose, literature revie