The Study Of Network Trading Platform Providers’ Infringement Liability Provided By Consumer Protection Law Therein Article 44

In recent years, with the rapid development of electronic commerce, electronic business platform plays a more important role in e-commerce. However, kinds of violations of consumers have occurred, thereby constraining the development of e-commerce. The amendment of Consumer Protection Act provided the network trading platform provider’s infringement liability therein article 44.Internet trading platform provider therein means the third-party network service provider under the B2 C and C2 C e-commerce model, which only provides information release service and technical support. Internet trading platform provider is different from the counter leaser and the trade fair organizer. The dispute arising from the network service contract between the platform provider and seller or consumer, is not on the list of adjusting events of this law.Consumer Protection Law provides two kinds of Omission, one for the breach of disclosure obligations, and another for the failure to take the necessary measures.The network trading platform provider’s infringement liability is not vicarious liability, because the network trading platform provider doesn’t have a obligation to control the seller.In the paragraph 2, Article 44 in the Law, Internet trading platform provider constitutes contributory infringement, and shall bear joint and several liability with the operator due to the constitute infringement. While, in the paragraph 1, the liability between Internet trading platform provider and operator is neither the so-called unreal joint liability, nor the added responsibility, but the joint and several liability which is modified.