论现代信息网络传播中的法律关系——以BT传输方式为视角

On the Legal Relation of the Information Network Transmission——At the Angle of Transmission by Means of BT

信息传输法律关系已经从传统环境延伸到网络环境,这对传统民法理论造成一定冲击。尤其对于最新型和最富革命性的BT传输方式下的法律规范问题,实务界莫衷一是,而学界更是关注甚少。在我国经济发展和知识产权意识逐渐增强的背景下,对BT传输方式下的信息网络传播法律关系进行梳理和分析,并对其发展趋势和立法模式等提出建议,具有重大的现实意义。

The legal relation of the information network transmission has extended from the traditional environment to the network environment, and has a certain degree of impact on its traditional theory of civil law. However, we have to explain and standardize it at an angle of theory of civil law. Especially when it comes to the standardization of law by the newest and most revolutionary BT transmission means, the practical circles are at odds with each other, and the academic circles pay even less attention. This is to compile and analyze, in view of the theory of civil law, the legal relation of the information network transmission by means of BT, and to give suggestions on its trend in development and legislative model.