Research On Civil Liabilities Of E-trade Platform Providers

In the amended Law on the Protection of the Rights and Interests of Consumers(PRIC) of 2013, Paragraph 1 and 2 of Article 44 respectively stipulate the responsibility for breach of contract and the tort liability of E-trade platform providers. These articles are good for urging the providers to carry out their obligations and solve the difficult practical problems in finding the subjects of liabilities, also have important significance for promoting fair dealings. This study will take the responsibility for breach of contract and the tort liability in Article 44, Paragraph 1 and 2 as the main research objects. Through analyzing the differences between E-trade platform providers and other civil subjects,make it clear that the providers of E-trade platforms are new transaction intermediaries.Then study the responsibility for breach of contract and the tort liability and their features.In normal conditions, E-trade platform providers are not responsible for non-performances or torts acted by buyers and sellers. But in order to protect the rights of interests of consumers, in the condition of breach of statutory duty of offering information or breach of agreed obligation of better promises, the providers also need to bear responsibility for breach of contract. Its character is unreal joint liability. When the behaviors of the E-trade platforms providers constitute joint infringement, they should bear the tort liabilities. The character of this liability is joint liability.