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Study On The Infringement Liability Of The Internet Trading Platform Provider

Posted on:2016-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2296330479488321Subject:Law
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With the prosperous development of the electronic commerce, the shopping websites are not only the platforms for selling their own products, but also the platforms for selling other merchants’ products. The shopping industry chain among the Internet Trading Platform Provider, the third party merchants and the consumers is the vital part of electronic commerce industry.In recent years, since the emerging proportion of cases about common tort caused by the Internet Trading Platform Provider and the third party merchants,whether the Internet Trading Platform Provider are responsible for the infringement has been the focus of the relevant controversy.On the ground of Civil Subject, the Internet Trading Platform Provider is a new type of Civil Subject. How to set the exact legal position based on various selling mode has becoming tricky. There have been several alternatives as follows, the seller of the sales contract, the no broker, and the lessor of the counter. There are also scholars who don’t agree with all the definition above.The principle of imputation has experienced the change from the no-fault liability to the fault liability. Specific classification will lead to a sounder protection of the several parties’ legitimate rights and interests and a more regular internet trading environment.On the ground of the type of tort liability, according to the characteristics of each types of tort liability. The tort liability in Article 44, paragraph 1 of the Consumer Law is a type of unreal joint and several liability, while the tort liability in paragraph 2 of the new Consumer Law is a type of joint and several liability.On the ground of the laws and regulations,the 36 th of Tort Liability Act provides for the case which network service providers are liable for infringement,the new Consumers’ Rights And Interests Protection Law and Measures For The Administration Of Online Transactions took effect on March 15 th,2014. Network Transaction Platform Operators To Perform Social Responsibility Guidelines launched by State administration for industry and commerce took effect on May 28 th, 2014.The paper consists of three parts as following:The very first part proposes problems of the 44 th clause of the new Consumers’ Rights And Interests Protection Law. There are also scoping of the Internet Trading Platform and the Internet Trading Platform Provider. After determining the status of online trading platform provider, there will be a discussion about the basement of the liability. There will be instructions of the status and legal base of the Internet Trading Platform Provider that assumes infringement.The second part is the type of tort liability and constituent elements of the online trading platform provider. Divided into three levels, the first level is the unreal joint and several liability between the trading platform providers and product sales, service providers. The second level is the Internet Trading Platform Provider assuming the tort liability of subjective elements and objective elements. There will be discussion about "did not take the necessary measures" and "knowingly, should have known" between two statues respectively in objective elements section and subjective elements section. A typed and detailed discussion on the components of the tort liability will also be involved. The third lever is about the comparison between the two articles. Since the internet assumes different functions in two articles, the main regulation is not consistent.The last part is on the disclaimer of the Internet trading platform provider and also the discussion of the establishment and perfection of the dispute settlement mechanism accordingly.Starting from the standard terms themselves, and then explore whether the exemption clause is exempt from tort liability.As for the dispute settlement mechanism,there will be a summary of the existing situation,which aiming at putting forward to a brighter direction and guidance to the further development.
Keywords/Search Tags:the internet trading platform provider, tort liability, unreal joint and several liability, joint and several liability
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