论网络侵权责任中的反通知及效果

The Anti-notification in Internet Tort Liability and Its Effect

随着互联网科技的不断发展,人们日常生活对网络的依赖有增无减。人们在享受网络带给生活的巨大便利的同时,也倍受各种网络侵权行为的干扰。《侵权责任法》第36条为解决网络侵权问题找到了出口,但除了该条第2款中明确规定的被侵权人享有向网络服务提供者发出通知的权利之外,侵权网络用户也享有向网络服务提供者发出反通知的权利。这样才能平衡网络侵权中以网络服务提供者为中心的被侵权人、侵权网络用户和其他网络用户之间的利益。

As the science and technology of intemet has been developed continuously, people are becoming more and more dependent on it in their daily life. The great convenience is being enjoyed while the people are being disturbed by all kinds of intemet infringements at the same time. There are solutions to the internet infringements which are found in Article 36 of Tort Liability Law. Except that Article 36 （2） has clearly defined that the infringee has the fight to notify the internetservice provider, the network user shall also have the right to anti - notify the internet service provider. In this way, a bal- ance can be made between the civil rights and the interest of the internet service provider, the infringee, the network users and other users, while taking the interest of the internet service provider as the focus.