网络侵权纠纷中法律原则的适用

网络侵权纠纷随着互联网技术日新月异的发展逐年增多,这类纠纷也呈现了新的形态。对这些纠纷的法律规制,是满足社会对法律的现实需要的必然选择。规则的结构决定规则适用范围比较有限,而原则的特性使得其经过解释可以有更广泛的适用空间,因此面对各类新型网络侵权纠纷,法官自然倾向采用原则裁判。在对最高人民法院公报检索中发现了三个运用了原则进行裁判的网络侵权案件,法官通过原则的适用,扩大了权利人救济的空间,弥合了法律和社会的差距,维持了社会的公正。

The Application of Legal Principles to Network Infringement Disputes

With the rapid development of Internet technology, network infringement disputes have increased year by year and they also take on a new form. Legal regulation of these disputes is an inevitable and practical choice to meet the social needs for law. The structure of rules determines its limited application scope while the features of principles make its wider application pos- sible through interpretation. Therefore, facing all kinds of new network infringement disputes, judges are naturally inclined to a- dopt the principles to judge. Among the communiqu~ retrieval of the Supreme People＇s Court, three network infringement cases were found in which principles had been applied in judgment. Based on the application of principles, the judges expanded the space of the holder＇s relief, bridged the gap between law and society and maintained the social justice.