论安全保障义务适用场域的拓展——从现实物理空间到网络空间

On the Development of Application Field of Security Obligation——From the Realistic Physical Space to the Cyberspace

以"QQ相约自杀案"为代表的侵权案件引发广泛关注。对此,不仅司法实践存在如何正确适用法律的问题,理论上对相关法条的解读亦未达成共识。解决问题的关键在于,将安全保障义务引入网络空间,以安全保障义务构建网络服务提供者不作为侵权责任的基础,从而对"信息审查义务"的承担作出合理解释。

Taking ＂QQ suicide case＂ as a representative of the infringement cases has caused wide public concern. Therefore, not only the judicial practice has problems on how to correctly apply the law, but also in theory the understanding of the relevant law has not reached a con- sensus. The key to solve the problem is that the security obligation was led into cyberspace~ in order to build the network service provider who is not as the basis of tort liability based on se- curity obligation, so as to make a reasonable explanation of ＂information review obligation＂.