Research On The Tort Liability Of The Personal Online Trading Platforms Providers

In China, with a wide range of applications of the Internet, related e-commerce are also booming in recent years has been development. In a growing number of people enjoying the benefits which the Internet brings to them, such as convenient and low-cost, at the same time, the Internet itself is also the risk of gradually reflected in the Internet occurred in an increasing number of torts, most of which occurred in the personal online trading platform. The personal online trading platforms have the largest trading volume and the widest coverage area, but for the platform providers there is no corresponding legal duty to bear. It has to be said that this is one of China's blanks in IT legislation, therefore, to study this issue and improve the legislation have a very urgent and realistic significance.In this article, according to the analysis and the summaries of CtoC transaction process, the legal status of providers of personal online trading platform, controlling capabilities, and their legal obligation, the author uses the basic theory of tort law to resolve torts liabilities of personal online trading platform from three aspects.The broad structure of the content of this article is as follows:The first part is an overview of the providers of personal online trading platform, including the definition and classification, the legal status and legal obligations, and an introduction of the personal online trading platform operating mechanism and risks of Internet trading.The second part of this article introduces the types of torts which takes place in the personal online trading platform, and discussed in detail the elements of tort liability, the attribution principles of tort liability and the forms of the tort liability.The third part is the analysis of the current legislative status, and the recommendations.