The Research On Legal Position And Liability Of Online Transaction Portal

The development of E-commerce worldwide strongly relies on the construction of online transaction portal. The legal position of an online transaction portal implies the responsibility of its operator. In the writer's opinion, online transaction portals may behalf as one party of transaction participant, e-market provider, electronic Agent and electronic broker in different cases. The top responsibility for an online transaction portal is to assure safety since it is an ISP in Common. What's more, it will also responsible for the relative parties subject to its legal position. Due to the flexibility of theory of electronic Agent, the thesis strongly suggested adoption in China on basis of the research regarding the difference of Agency System between Common law system and Continental law and the terms in Chinese Contractual Law. The author also gave suggestions related to online transaction portal legislation.