Study On Legal Responsibilities With Internet Trading Platform Service Provider

In this emerging network-centric era, Internet trading is loved by growing number of people because of its convenient feature. However, behind this prosperous market, the drawbacks of unclear responsibilities between transaction subjects are gradually exposed. Although the Chinese government attaches great importance to E-commerce legislation, but the technical level is still lagging behind developed countries in the world. At present, there are still many problems of China's legal system in the regulatory of internet trading, such as the provisions of dispersion, lack of special legislation, the operability is not strong, and the names are unification. To solve these problems, we should learn foreign advanced legislative and management experience to establish and improve the relevant legal system, and define the obligations and the scope and scale of the responsibilities of internet trading platform provider. This is not only the needs of laws to adapt to the economic development, but also the needs to promote the healthy, stable and sustainable development of E-commerce.This paper selected the internet trading platform provider of internet trading to be the research object. The development of internet trading is reflected in the data published by officials and agencies. The types of disputes which internet trading platform providers are often involved in are summarized from the real and typical cases. From existing theories and laws we can found that there are still many deficiencies in the current liability system. Fortunately, we can learn a lot from the foreign legislative experience, particularly in the EU and the United States, to put forward the development of China's legal system.This paper is divided into five parts. From the analysis of various types of internet trading platform providers, we can found their legal obligations, contractual obligations and the collateral obligations. On the basis of these obligations and with the cases in recent years, this paper elaborated the legal responsibilities of internet trading platform providers from two angles which are tort liability and contractual liability, and show writer's own views and suggestions of existing legislation in our country.