过错责任原则是侵权行为法的基本原则,过错规则的基础在于过错。但是由于现实生活的表现形式纷繁复杂,过错的分类以及认定标准都非常复杂,尤其是在网络环境下,新的社会形态和商业模式与传统利益的冲突非常激烈,传统的过错概念和过错原则不能很好地适应为侵权行为提供救济的需要。我国《信息网络传播权保护条例》第二十二、二十三条,对于网络服务商承担侵权损害赔偿责任规定明知、应当知道的过错构成要件,而对于如何认定明知、应当知道,在司法实践中产生了极 The principle of fault liability is the basic principle of tort law, and the fault rules are based on fault. However, due to the complex and complicated forms of real life, the classification of mistakes and the standards of recognition are very complicated. Especially in the network environment, the conflict between the new social forms and business models and traditional interests is very fierce. The traditional concepts of fault and fault can not Well adapted to the need to provide relief for violations. Article 22 and Article 23 of the “Regulations on the Protection of the Right to Information Propagation through Information Networks” in our country provide the Internet service providers with the elements of fault that they are aware of and should know about the liability for compensation for infringement. For how to identify a known matter, it should be known that in judicial practice Produced in the extreme