The Theory Of The Civil Liability Of The Online Trading Platform Service Provider

Online transaction, which represents the future direction of the development of global economy and trade, is a part of electronic commerce as well as a new economic form full of vigor and vitality. It brings the impact and challenges to the traditional trading mode, and brings the overall challenge and new research topic to the traditional legal system. The legislators acutely capture the impact to the traditional trading mode, and then the beneficial explorations have been actively carrying out. Moreover, great number of scholars has conducted effective researches from different angles on the theory and practice. In comparison with the traditional transaction, more parties are involved in online transaction and there is more complex legal relationship among all the parties. In practice, because of the unclearness of the parties’legal status in online transaction, and the ambiguous liability undertaking of the online trading platform service provider, frequent online trading disputes and many other problems arouses.The thesis paper believes that the online trading platform service provider plays a very important role in online transaction, of which its rights, obligations and responsibilities are directly affected to the favorable development on the market and order of the online transaction. It is the basis for establishing healthy network economic order that the legal status of the online trading platform service provider is determined as well as its legal obligations and liabilities are identified.On the basis of the existing laws and the theoretical study of scholars, the article of which goes from the beginning of the complex legal relationship among all the parties participating online transaction; focus on the legal status of the online trading platform service provider, then identifies its special legal obligations and liabilities in online transaction. Then, a summary has made on its relevant rules of the existing laws in our country. At last, the article studies on the applicability of the civil liability laws of the online trading platform service provider in practice.