Research On The Tort Liability Of Network Transaction Platform Provider

In recent years, the development of the trade of the network rapidly,at the same time, the network trading platform providers involved in the infringement cases more frequent that serious violations of the consumer’s right to know, right of privacy and right to fair trade, the outstanding contradiction to our lagging behind the network transaction related law system presents new challenges. First of all, this paper according to the < tort liability law >, < network trading platform service specification > and < consumers rights and interests protection law >, and more developed network transactions related to the legislation of relevant foreign legislate, introduces the legislative status and deficiencies in our country network trading platform providers invasion responsibility. At this stage of our country network trading platform providers. > < "is to define the legal status of the precise rental counter said," it is a balance between the network trading platform providers and transaction relative person’s rights and obligations, both the reasonable control of the platform provider tort risk, and better protect the network transaction relative person’s legitimate rights and interests from infringing. Although China’s tort liability law to determine the network transaction platform provider tort liability imputation principle to make the relevant provisions,but from the judicial practice, it is not easy to operate, there are many standard is not clear, leading to difficulties in application, for example the derringer to set up the "infringement notice obligation is overweight, fault liability cognizance standard is not clear. In the solution must approach,also need to loosen the derringer obligation to "notice" requirements at the same time, refinement of the fault liability evaluation criteria, such as from the industry standard, ordinary people standard of care, Internet trading platform providers, its technical standards to establish the division of fault liability. Secondly, through the legislation of foreign trade network investigation, can see foreign related legislation is widely used in Internet trading platform providers take fault liability as the guiding principle, the responsibility to assist with the legislative model. Finally,the paper proposes the determine of legislation of network transaction basic principles, perfect relevant provisions of tort liability law, and in violation of mandatory provisions of law norm after The results of the legislative proposals, trying to provide a new perspective and ideas for the network trading platform provider of tort liability division.