Study On The Identification Of Tortious Liability Of Online Trading Platform Providers

With the development of Internet,online trading platform providers benefit everyone,but also bring a lot of legal problems.In practice,infringement disputes happened on online trading platforms occur frequently,which makes it unavoidable for the platform providers to be caught in disputes of infringement.In order solve this problem,article 36 in tort liability law defines the relevant liability of online trading platform providers,which becomes the main basis for the court to determine the liabilities.But the hysteretic nature makes it difficult for this article of law to fit in with the need of protection of rights in virtual environment and the development of Internet.All these leads to the disputes existed in the identification of tortuous liability of online trading platform providers.So it is of great necessary to make a study on this problem.This paper studies through conceptual analysis and the combination of theory and actual cases,hoping to be helpful for the identification of tortuous liability of online trading platform providers both in theory and in practice.This paper mainly centers on the identification of tortuous liability of online trading platform providers.Through the analysis of disputes existed in juridical practice,analyze the imperfection in our country's existing laws.So that tries to put forward some suggestions.In chapter 1,the identification of tortuous liability of online trading platform providers is summarized.The concept of the identification of tortuous liability is defined.The legal status of online trading platform provider is defined as well.In chapter 2,the identification of tortuous liability of online trading platform providers is discussed.The legal basis is expounded firstly.And then the constitutive requirements of tortuous liability are summed up.In chapter 3,the disputes existed in the identification of tortuous liability of online trading platform providers are summarized,combined with some specific cases.The disputes mainly focus on the identification of subjective fault and infringement act.After that,the causes are analyzed,from the perspective of legal definition and notice rule.In chapter 4,some suggestions for perfections are proposed.First of all,the definition standard of notice,necessary measures,and acknowledgment should be clear.Second,the clear procedure of notice rule should be established.