| Even though the rise of online trading platform promotes the Internet economy through a new way of trade, its uniqueness has also increased the risks for both parties especially consumers. In the early stage, online transaction has not yet formed a unified trade practices and stable trade order, and our country’s legislation is not specific enough. So when online trade disputes happened, due to the unclear legal status of each party, it is difficult to clarify the legal obligation and responsibility and to protect the consumers’legitimate rights and interests. We must clear online trading platform provider civil responsibility to promote the development of the online transaction.This article is divided into four parts. The first part outlines the network trading platform provider’s law, and analyzes the characteristics of the network trading platform from the concept of online trading platform provider. By analysis, different theory viewpoints concerning the legal status of network trading platform provide is put forward, enumerating and comparing relevant provisions at home and abroad. The second part raises the definition of the online trading platform provider based on the analysis of the basic concept, combined with the existing laws and regulations in our country, from the principles of imputation and tort liability form two aspects. And the paper analyzes the tort liability of network trading platform provider. The third part analyzes emphatically the liability for breach of contract responsibilityby by the inherent requirement of network transaction and the ground behavior and the relief of default. In the fourth part, combined with the current situation of the development of online transactions, cash draw lessons from foreign legislative experience, this paper established the network trading platform provider civil liability according to the basic principle and improvement of China’s online trading platform provider two aspects, the civil liability system of our country current Internet trading platform provider changes and future network transactions law Suggestions for the establishment of the legal system.Online trading platform provider who provides online trading services as a third party determines its legal status in the network transaction and the civil legal liability, which is the foundation of research network trading legal relationship and establish a good network of trading order basic premise. Therefore, this paper try to fully collect cases at home and abroad, focuses on the legal status of the network trading platform provider, legal obligations and legal responsibility, and based on this, advances suggestion about the applicable network trading platform provider civil liability system. |
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