On Tort Liability Of Platform Providers In Network Transactions

With the development of electronic commerce, network environment, many of the problems of the traditional legal system raised new challenges. In this paper, the infringement on the network, especially Internet trading platform provider of this particular study the subject of tort liability.This article compared two cases gives rise to the judgment of the legal status of online trading platform provider in the network transactions and tort liability. In civil liability, the online trading platform provider may relate to tort liability and breach of contract. This paper is divided into preface, text, conclusion of three parts, the text is divided into four parts. In the foreword, the author online rapid development of specific data derived from this study motivation and the significance of the study, and the related data were literature review, based on the academic research results this paper combs, clear. The first part is the overview of network transaction platform and the cognizance of the nature. The first through two case contrast to online shopping,to define the meaning of, and the status is analyzed, the network transaction platform provider and other similar subject to distinguish, clear network trading platform rental counters the identity. Followed by analysis of the trading platform network of two kinds of management mode, and define the platform with the seller and the buyer buys in the net of relations, thus establishing a different business model to take a different tort model perspective, both because of the different business models that assume tort liability and elements of the difference. The second part is the research on tort liability of Internet trading platform service provider. In this chapter, the author mainly divided into buyers in the purchase of basic rights, tort liability and the foundation platform under different operating modes of liability for tort to explore three aspects. From different levels of the net buys platform tort liability is discussed. The third part is the network transaction platform provider of the principles of tort liability and elements. In the traditional" imputation principle system under two yuan" to apply the principle of liability without fault and principle of liability is applicable to carry on the analysis, discusses all kinds of the imputation principle of reasonableness and shortcomings, finally obtains the network transaction platform provider of the principles of tort liability should be adapted when distinguishing business model, in the" taobao.com" mode using the principle of fault liability, in the mall mode adopted no-fault principle. Secondly, in this premise, the traditional tort liability theory to analyze the network transaction platform provider the general tort liability constitute elements, which focuses on the analysis of Internet trading platform service provider liability fault identification. The fourth part is the perfection of relevant legislation in china. In view of the current e-commerce development put forward to perfect the relevant legislation in our country should be the focus of attention of the problem and proposal...