The Research Of Legal Liability About Online Trading Platform Provider

With the rapid development of China’s Internet Trading,this new transaction type not only affects people’s consumption concept,but also brings great changes to people’s way of life.Compared to the traditional way of trading,online transactions bring more choices and convenience to people’s life.However,the development of network transactions also bring some new problems,these problems not only bring economic losses to consumers,but also undermine the credibility of e-commerce enterprises seriously,and even affect the stability of the social economy.Regulated and stable operation of the network trading platform is the protection of e-commerce which developed healthily and sustainability.The network trading platform provider determines the operation of the platform.Therefore,this article takes the network trading platform provider as the research object,elaborates the legal liability in the network transaction dispute.First of all,this paper introduces the basic theory of the network trading platform.Compared to the foreign mature network trading market,China’s network market started late and not more than twenty years.The development of the history can be divided into four period: the start period,the development period,the winter period and the outbreak period,it can be described as on the way forward.From these practices,we gradually grasp the meaning and characteristics of network transactions.Although the concept is not unified,there is an intuitive feeling among the trading platform provider,operators and consumers who have being participated in it.Network trading’s characteristics generally include: technical and risky,need legal’s regulation,the transaction process with digitization,transaction’s intelligent and the expansion of scope,requires special trust,and so on.Network trading platform show a diversified development trend in our country.There have different classification in accordance with the different standards.According to the nature of the subject of network transactions,it can be divided into B2 B mode,B2 C mode,C2 C mode,etc.;According to whether the platform provider involved in business activities directly,it can be divided into a single network trading platform and complex network trading platform.The legal position of the internet trading platform providers has been a hot topic in circle of scholars,the problem is described in this paper,we think that the network transaction platform provider isn’t "referee" or "mediators" who settle a matter,but similar to the lease of the counter in traditional transaction.Secondly,this paper sorts out the legal relationship in the network transaction.If we have a clear understanding about the legal relationship,we will explore the legal responsibility.The author believes that the legal relationship in the network transaction mainly includes: the network service contract relationship between network transaction platform provider and network users(including business operators and consumers),the relationship between the network trading platform provider and the administrative subject and the relationship between the online business operators and the administrative subject.Again,on the basis of the previous talk about legal relationship in the network transaction,this paper focuses on the civil liability and administrative law responsibility of the network trading platform provider.Civil liability includes liability for breach of contract and tort liability.According to this order,the author thinks that the network transaction platform providers should assume the responsibility of breach of contract in case of breaching the network service contract and the first compensation liability and joint and several liability in case of damaging interests of consumers.There are many differences between traditional and online transactions.Therefore,when the administrative subject take original regulatory model to manage network transactions,there have been many practical problems.Under the current legislation conditions,the legal basis which the administrative organ exercise the regulatory function mainly is the administrative regulations,local regulations and departmental rules.The regulatory content mainly is regulation about market access and information supervision.Finally,this article examines the representative legislation among countries and regions about regulating network trading platform providers’ legal responsibility currently,which mainly conclude the European Union legislation,the United States legislation,Singapore legislation,Japan legislation and so on.Have a look to legislation on the legal liability of internet trading platform providers in laws since the development of network transactions in our country,there have administrative regulations,rules and regulations.We should reflect the shortcomings and deficiencies,draw lessons from foreign legislation and combined with the reality of our country,think more from the angle of civil liability and administrative law respectively,put forward some suggestions about law responsibility of the network trading platform providers.,improve the country’s legal circumstance.For example,extend the scope of court,establish the margin system for consumers;improve the market access for network trading platform provider and established request.