In network tort case, website has responsibility

In network tort " last12Month,ZCR200612Send God model book on Chengdu certain website forum, claim that it is rear that self encounters injury, certain county judicial vice-president force protects murderer. Dose son have left finally the true full name and identification card and contact sent dose person No. Telephone yard. But when vice-president accepts reporter Telephone interview yesterday, claims , in fact is not dose son say so, he prepares to indict website. " This above words draw from today " Chengdu evening What I will discuss with you here is that if vice-president really excludes by tort, for happening , it is outside that dose person litigates , he can be also website defendant? My view whether decide. As well known, so-called civil tort must at the same time have 4 following conditions. This 4 conditions are the necessary condition that says in logistics , 4 conditions must at the same time have , lack any a tort behavior can not set up. This 4 conditions are: 1^ Damaged 2^ Behavior 3^ There is relation 4^ Behavior person Following we analyse It is first, website publishes this dose son and vice-president, have relation between cause and effect by tort? My individual thinks that does not exist. Website publishes this article , causes vice-president not to form the relation between cause and effect on law by a condition of tort merely. For the difference that explains "condition" and "relation between cause and effect" , here as soon as trying to lift , it is regular. Certain long-distance Car driver breaks regulations to operate , turning Car open to fall enter river. The river urgent wave of Reclaimed water is high , causes several person to drown. The family members of the dead for Car driver litigates at the same time, is not may also list as river water defendant, say if your is Juan Juan flow carefully, why can our kinsfolk drown? Natural this is a joke, who will not also list as river water defendant, because river is a condition in this accident only , and can not form the relation between cause and effect on law. Manage together, vice-president in quilt tort incident, I think that the behavior of website also forms a condition of tort merely , and does not form the relation between cause and effect on law. It is second, website when subjective go up whether existent fault? I think whether answer is also decided. Think nation-wide countless website, daily website goes up do not know to publish how many dose sons, how many rich guests article, follow model book , even more do not sum its number. For the article like these tidewaters, can website carry out examination verification one by one? Is impossible certainly. Taking vice-president incident as example, author goes to article hair after website , must organize people in advance if stipulating website to carry out investigation for the both sides of involved party , is for related material evidence , book certificate and witness testimony , audiovisual information , Kan examine report etc. to carry out item-by-item verification , after reaching conclusion, then can decide whether publish the article of this author, is this possible? If website does not allow to publish the article of author, whether may author mention appeal? And this what organization comes to try the appeal of author? Talk about now well just, we already may find out , think that net preceding text Zhang the interests that has harmed self , is also litigating for author while litigating for website , it has unrealistic amount. Will be really so, the website of whole country goes up forum only close perhaps completely with rich guest. Website can only reprint the report of traditional media. If so, do you still want website dry what? Similar lawsuit has not arisen a, past also many appearance Occur network tort how to handle? I think that should carry out " author's responsibility conceited ", the fact stated in article that website publishes for netizen whether is true, do not agree picul examination responsibility; Naturally when netizen and involved party occur dispute, website also does not agree picul joint liability. Is natural, say above, it is for the examination of fact part only. As obvious start a rumor , abuse and personal attack speech, there are responsibility to delete in website. As to wrong politicalness speech , there are the duty of examination more in website. Replenish a sentence again: Me knows for law