Study On Duty Of Care Of Online Trading Platform Provider

With the development and prosperity of e-commerce industry, Internet tort of intellectual property rights is increasing. Online trading platform provider isn’t a party in commerce transactions, but plays an important role in preventing tort. However, China hasn’t yet established and improved duty of care system of online trading platform provider, range of duty of care of online trading platform provider is still relatively uncertain. Meanwhile, the lack of academic research is difficult to provide adequate reference materials for the improvement of this system.Firstly, this paper defines Internet trading platform providers and duty of care, and elaborates particularity of duty of care of Internet trading platform providers. Secondly, analyze criteria and range of duty of care from theoretical perspective. On the establishment of duty of care,based on "three-step test", comment on theory controversy of predictability, neighbors and policy. In violation of duty of care, combining academic point of view, introduction reasonable person standard, expert standards, reasonable person standard, and select a reasonable standard. In range of duty of care, study the type of duty and clarify the scope of each type of duty of care.Finally, according to our legislation and judicial of duty of care, pointed out that it existences Imperfect legal system, not uniform standard of practice, not in-depth theoretical study three problems, and propose appropriate countermeasures.