Study Of Tort Liability For Online Trading Platform Provider

With the development of E-Commerce, many problems, appearing from the Internet environment, bring forward challenges to the traditional legal systems. This paper mainly focuses on the problem of infringement on network, especially on the subject of infringement liability of the Internet trading platform provider (ITPP).From a special case, this paper derives the legal position of ITPP and the decision of the infringement liability. The ITPP is an organization which specially provides Internet service for both sides to contact. It is the supporting body of the information exchange, and affords physical and technical support for the information exchange. It only supplies a trading platform for both sides of internet transactions. That's, the ITPP itself is not a party attending the internet transaction. However, it plays an important role in the E-Commerce. Since the development of internet is all-embracing, it may make the ITPP take on more extensive range of legal liability, involving the civil, administrative, and criminal liability. In the civil liability, ITPP may concern the infringement liability and default liability. As well, the author mainly focuses on the infringement liability which the ITPP should bear.The infringement liability, which the ITPP should bear, is divided into two kinds. One refers to the infringement liability deduced from that the ITPP directly issues the information infringing others' lawful right and interests. The other refers to the infringement liability from that the ITPP enforces the infringing action to others by its service. Generally speaking, it's obvious that the ITPP should bear the infringement liability if it enforced directly the infringing action. However, how about the other condition? Is it suitable for the ITPP, who enforces the infringing action to others by its service, to bear the infringing liability? If it should bear the liability, how to define this kind of liability? How about the principle of imputation? What about the composing requisites? All those questions are worth exploring.This thesis is divided into three parts, that is, the introduction, body, and conclusion. What's more, the body includes four chapters.In the introduction part, the author presents the meaning and motive of this study by citing a case, introduces the main research method, the research ideas, and the logic structure of this thesis. What's more, it carries through the literature review about the relative data. By combing the existing studying documents, the author nails down the key points of this thesis. In Chapter One, the author mainly summarizes the ITPP and its infringement liability. In the beginning, the author defines the meaning of ITPP, analyzes its property, separates it from the similar bodies, and makes its particularity clear. Secondly, this thesis analyzes the theoretical basis, by which the ITPP is required to bear the infringement liability, and the types of the infringing actions and infringement liability.In Chapter Two, it mainly focuses on the Comparative Studies on Jurisprudence of the ITPP's infringement liability. Internet was originated from abroad. So was the ITPP's infringement liability system. Analyzing the legislation and judicature home and abroad makes the the ITPP's infringement liability system much clearer. Based on this, the thesis goes on the point-by-point comparison, analyzes the identical and different points, and evaluates the constructing different systems.In Chapter Three, this thesis mainly puts forward the principle of imputation and the composing requisites. By the traditional binary system of imputation principle, the author separates the principles suitable for the liability without negligence and liability for wrongs, deeply probes in the reasonable and unreasonable parts of each imputation principles, and educes that liability for wrongs is suitable for the the ITPP. That is also the key points of this thesis. Then, on the presupposition of liability for wrongs, this thesis analyzes the general elements of the ITPP's infringement liability by means of the traditional elemental theory of infringement liability, and emphases how to do cognizance about it.In Chapter Four, this part mainly draws the perfection of the relative legislation in our country. Aiming at the fact of E-Commerce in our country, this thesis brings forward the questions and suggestions on how to perfect our state's legislation.Last chapter of this thesis is the epilogue. This part simply summarizes the whole thesis.