Through the contrastive study of the legislation in both China and the United States,we observed two problems existing in the Safe Harbor rules in China.First,in Article 23 of the Regulations on Protection of the Right of Communication through Information Network,the "knowing" or "should know" is not clearly stated,which leads to an ambiguous Red Flag standard.Second,there are not prescriptions concerning the legal validity of the notice of infringement from the copyright holder.The ambiguity of the provisions may cause the disagreement of the applicability of the law.Therefore,the Safe Harbors rules ought to be amended in order to change the current situation.In addition,the mechanism of sharing of benefits ought to be introduced to establish business cooperation between the copyright holders and the Internet service providers.