Discriminate Between Different Types Of Online Shopping Platform Provider Liability

With China's gradual changing of shopping habits, online shopping continues developing. The trading volume, turnover, number of employees, like Taobao, Taobao Tmall, are increasing fast. As a consequence, consumer complaints, contract litigation and tort litigation are also increasing. While China already introduced a number of administrative regulations to manage the commercial activities, a clear definition of responsibility regarding the some major activities especially for online shopping have not been completed. Although academy has formed a lot of view on online shopping platform provider practices, all have their limitations and are not sufficient to guide the legal practice of online shopping platform provider.This paper reviews the business operation status of the online shopping platform providers and status quo of the handling of trade disputes. By defining the characteristics of different online shopping platforms such as BtoC, CtoC, Scope of responsibility of online shopping platform providers areas of responsibility was clarified and can be used as legal basis to better deal with trade disputes.In author's opinion, differentiated treatment amongst different types of online shopping platform is vital to the development online shopping market. BtoC online shopping service providers should bear similar to "counter the lessor" legal responsibility in accordance with the "Consumer Protection Act". While CtoC online shopping service provider should only be considered as "online shopping information service providers", and its responsibility shall be only based on the service agreement reached between online shopping platform provider and its members.Finally, this thesis discussed China's future construction of trading disputes dealing mechanism and the direction of the legislation.