Application Dilemma and Resolution Path of Safe Harbor Rules in the Field of Network Infringement

Abstract

This paper mainly discusses the origin and content of the “safe harbor” rules of online trading platform providers in online infringement rules, and compares and analyzes the legislative consideration and development of the safe harbor principle in China with the provisions of the safe harbor principle in the United States. Through the legislative sorting of online infringement safe harbor rules, the paper explores the existing problems and legislative considerations of the specific application of the transplanted and introduced “safe harbor” rules in China’s e-commerce trading platform. By comparing and learning from foreign regulatory legislation, this paper combs out the applicability and path choice of “safe harbor” rule in China.