The Electronic Commerce Tort Research

The development of the E-commerce promote the trading efficiency, and savethe transaction cost a lot, it depends on the Internet as the center, relying on theefficient electronic authentication, electronic payment and electronic logistics system,opens up a new model of commercial behavior, but by the induction of interest,andobjective restrictions of the technical level, in the weak rule of law environment, ithas given rise to a variety of electronic commerce infringement acts in different forms.If there is no complete e-commerce tort law system, which could conclud the tortliability of Internet service providers, electronic authentication institutions, electronicfunds transfer institutions, and logistics transportation enterprises; If there are noperfect rules of procedure to define the infringement jurisdiction clearly,and judgingby the electronic evidence to verify the infringing facts sciencely; If there is nocomplete online dispute resolution mechanism, which was efficient to settle disputes,to relief the patentee timely, it is unable to control the e-commerce infringement actseffectively with the law.Based on the comparision of the foreign e-commerce tort legislation andtheoretical research results, analysis of the other countries’ legislation idea andtheoretical guidance in this field, summed up the problems existed in China’se-commerce tort law system and the cause of the generation, puts forward thecorresponding countermeasures from the aspect of substantive law and procedurallaw, in order to build the perfect e-commerce tort accountability rule, define the tortliability of the Internet service providers, electronic authentication institutions,electronic funds transfer institutions, logistics transportation enterprises, to establishthe rules of procedure completely, and build the efficient online dispute settlementmechanisms of the ODR, to implementation the control of e-commerce torteffectively.In this paper, the text is divided into fore chapters:Chapter1: The general theory of E-commerce tort. Focus on the standards ofe-commerce infringement acts, the imputation principles of e-commerce tort liability,and the forms of e-commerce tort liability;Chapter2: The comparison of e-commerce law of tort. compared the e-commercetort law in some representative countries, and obtain the following two Suggestions:perfect the e-commerce substantive tort law,in which to clear the liability of the Internet service providers, the electronic authentication institutions, and the electronicfunds transfer institutions;At the same time, perfect the e-commerce tort jurisdictionsystem, the e-commerce tort and technical rules of evidence, the e-commerce tortdispute settlement mechanism, and the foreign e-commerce tort law applicable rules,in order to perfect the e-commerce procedural tort law, to perfect Chinesee-commerce tort law system;Chapter3: The current situation and problems of China’s e-commerce tort lawsystem. Analyzed the current situation of legislation in China’s e-commerce tort law,and the existing problems.;Chapter4:The thinking of perfect Chinese electronic commerce tort law system.put forward some Suggestions of improving e-commerce tort law system from theaspect of substantive law and procedural law, in order to perfect Chinese e-commercetort law system.