Research On The Civil Liability Of B2C Platform Provider

With the rapid development of network technology and the transmission of network information,China’s network consumption has seen her rapid growth.Nowadays,online shopping is no longer a new thing.In the electronic commerce field,the network consumption plays an important role.Indeed,the network consumption can bring consumers superior experience:convenient,rapid,wide selection.At the same time,the onlie-shopping also brings many trading challenges which are different from traditional consumption brings.Such as:platform providers did not carry out the obligation of informing,reasonable duty of security attention or it did not carry out security obligations.It has brought the impact and challenge to the traditional trading mode,but also brought a challenge to the traditional legal system and a new research topic.Since2011,during five years,the average growth rate of e-commerce transactions in China more than 35%,the market scale has been in the world leading position,however,legal gaps and regulatory lags are the unavoidable problems.In our country,before"Electronic commerce law" officially published,we still have to rely on the existing laws,regulations,rules,and strive to find ways to deal with various challenges.This thesis aims to discuss the civil liability of the platform provider in the network consumption.There are three parts:introduction,text and conclusion.The text is divided into the following five parts:The first part,through the two similar cases whose the final decisions of the court are different.And the situation will be discussed in this paper.The second part,the overview of B2C(business to customer)model,the special features of online-consumption;reasons for researching the civil liability of platform providers.The third part,the main body of the transaction in the network consumption and the theory about the civil legal status of the platform providers.The fourth part,the source of platform provider’s liability obligations:legal obligations and contractual obligations;the contract liability,and tort liability of platform provider.The meaning of distinguishing these liabilities.The fifth part is the suggestion of perfecting the civil liability system of platform providers.