The Civil Liability Of The Network Trading Platform Provider

Development and expansion of the netw ork trading platform, greatly changed people’s way of shopping, m aking electricity shopping more convenient, but at the same time, network virtual property and the characteristics of the network platform to spread range, also for the indiv idual within the n etwork trading platform sales infringing goods provides a convenient, coup led with the current for the weakness of online trading platform, and makes the network trading platform has become many ideal location, committed ACTS of infringement behavior counterfeits flood of online trading has become an indisputa ble fact. However, for the civil liability of the network trading platform providers in Ch ina there is no clear legal provisions, the application of the general to rt liability law article 36 the provisions of the civil liability of online service suppliers to make responsibility identification too omissions, chaos in the applicable law, in the event of network infringement dispute, the interests of the trademark owner cannot get good compensation, maintenance is not conducive to the holder of the tradem ark rights agai nst the long-term stable developm ent of electronic commerce.This article selects the representative cas es in the judicial practice, through the method of combining theory and practice of analysis of the network trading platform provider shall undertake the specific properties of civil liability and civil liab ility, is designed to help be tter definition of the online trading platform providers shall bear civil liability, thus in the tradem ark holder, sellers, consumers, network transaction platform provider, finding a balance of interests between better maintain the development of electronic commerce.This article altogether is divided into five parts to discuss research. The first part, this article mainly through to the network trading platform provider definition of its obligations to iden tify the network trad ing platform provider the logic prem ise of civil liability. Online trading platform provider shall bear civil liability obligations derived from the network trading platform provider a reasonable duty of care and the security obligation infringement occurs.In this paper, the second part of th is article through to the dom estic current theory of the network trading platform provider was determined to the basic theory of civil liability. Online trading platform provider civil liability can be controlled fro m the result of equilibrium theory, benefit and risk damage theory, social cost control theory, balance theory to find the basis in the eyes of the law.In this paper, the third part mainly defines the network trading platform provider specific properties of civil liability. Through from the perspective of legal status, and from the Angle of the com pulsory content from the point of vi ew of responsibility theory basis of the thre e determine the ci vil liability is a kind of online tr ading platform providers is not as a w ay to help the to rt liability for tort to prov ide substantial help, should be expanded for tr ademark holder losses assume jointly and severally liable with sellers of infringement.In this paper, the fourth part in view of the network trad ing platform provider this new type of interm ediary body, de monstrates the network trading platform provider components of civil liability, nam ely the network trading platform provider to fault, the implementation of the tort and the damage fact, and under the premise of a causal relationship between undertake corresponding civil liabilities.In this paper, the fifth part m ainly demonstrates the network trading platform provider civil liability b ear the way. Namely, stop the inf ringement, eliminate the influence, compensation for losses; At the s ame time, the com pensation of online trading platform provider and the distribution in the joint and several liability share, will protect the rights and interests of trademark owner really implement.