Research On The Infringement Liability Of Internet Trading Platform Providers

With the rapid development and scale expansion of internet economy, internet trading platforms have become an indivisible part of people lives. However, in recent years, the prosperity and development also caused a large number of disputes. Although, there are some rules of the present law in our country, but they still did not form a system. So the judicial departments have difficulties in dealing with such disputes.Firstly, based on whether the Internet trading platform providers directly involved in transactions, the author thinks that Internet trading platform providers can be divided into three types:the first type only provides space and technical supports for both parties; the second type is not only a trading platform, but also be the seller in the transaction; the third type provides trading platform not only for the transaction which themselves participate in, but also for the transaction between other sellers and consumers. On this basis, the author thinks that:when the Internet trading platform provider participates in a transaction, its legal status would be "the seller"; when it does not participate in a transaction, only provides technical supports and trading platforms, its legal status would be "rental counters".Secondly, according to the source of obligation, the author thinks that the Internet trading platform providers should bear the legal and contractual obligations. The statutory obligations includes:safety and security obligation, regulatory obligation, the duty of care, assist obligation, and disclosure obligation. The agreement between Internet trading platform providers and platform users leads to contractual obligations. Thirdly, foreign legislation has undergone changes from the principle of no fault liability to fault liability principle for liability of Internet service providers. And the author thinks that the principle of fault liability is more reasonable about Internet trading platform providers.Finally, taking44th rule of Consumer Protection Law as a starting point, the author thinks that the current law for tort liability of Internet trading platform providers is rough. And the rules of checking the true identity, address and true connection mode of sellers or service providers by the Internet trading platform providers should be detailed.