Tort Liability Of Network Trading Platform Provider

Over the past few years,the trade of the network is developing all the time.in addition to the new online retailers,the traditional ommercial subjects have been carried out online trading.Network trading platform plays an more and more indispensable role in social life.However,when the trade of the network makes people`s life more convenient,the events infringing the rights of others through the network platform are occurring frequently.So that some people refuse to online trading,restricting the development of the network transaction.In addition to these rules regulating the trading parties,the published laws and regulations also contain some provisions focusing on the network trading platform provider that can not be ignored in government administration.Besides,they determine the tort liability of network trading platform provider.After emended,it is the fortieth of ”The Law Of The People's Republic Of China On The Protection Of Consumers Rights And Interests”specifying the subject status and liability of the network trading platform provider in the form of law for the first time,that rules what kind of responsibility the network trading platform provider should bear when it in patterns of different behavior.However,the above provisions need improve further more on a number of issues,and its relationship is not very clear between with the thirty-sixth of “Tort Liability Law Of The People's Republic Of China”.Established in the current legal provisions,according to the actual situation of the trade of the network,proceed from the principle of traditional civil law,the author investigates the legal status and tort liability of the network trading platform provider.Based on the defining it as a new legal subject,this paper discusses the infringement behavior and the types of liability,expected to furnish reference for the use of relevant laws.This paper is classified for three parts to research the tort liability of the network trading platform providers.Above all,the first part is the legal reason to pursue the liability of the provider of the network trading platform.On the basis of defining and analysing the concept,combined with the specific legal relationship clear its legal status according to the law of tort and the premise of combining the law,legal duty clear online trading platform provider.Speaking from the civil legal status,the network trading platform provider is a fresh kind of civil subject with the internet coming into being and deveoping.In the light of the different platforms,there are different viewpoints on the legal status.A view holds that the online trading platform provider is considered to "seller" or "party",with a view of the legal status will be identified as "intermediary".In the "Consumer Protection Law" in the formulation process,also will view the online trading platform provider as a "counter lessor" or "exhibition held".The author believes that to make its legal status clear and definite,we should position it to the specific legal relationship.The second part is the analysis of the tort liability of network trading platform providers.This part focuses on the analysis of the types of online trading platform provider tort,especially the online trading platform provider in violation of the statutory obligations with other users of the tort behavior of the tort committed by several persons.According to the rules of the "Consumer Protection Law" and "Tort Law" forty-fourth article thirty-sixth,first clear the online trading platform provider tort obligation violation type,according to their behavior in different situations of the tort committed by several persons,divided into objective joint tort tort behavior and common tort,in addition to the online trading platform provider directly as a tort.Then,the paper makes an analysis on the other requirements of the responsibility of the provider of the network trading platform.The act of tort,in addition to the implementation of direct as a tort,the online trading platform providers may also implement the breach of duty type omission,the number of people constitute infringement or acts of infringement and infringement of others.About the study of Plural-party Tort,there are different theories and methods of classification theory.Founding on the the theory and the concrete legal regulations,make it clearly by analysing what is the status of the damage caused by the conduct,being significant in the correct identification of the specific responsibility of online trading platform provider.The last part is the tort liability sharing of network trading platform providers.Corresponding to the second part of the network trading platform provider of different types of infringement,network trading platform provider tort liability is also different.The number of people in the online trading platform provider tort liability,responsibility is divided into three types: assume conditional liability for damages of unrealjoint liability caused by tort behavior;in the objective joint tort,liability and joint liability respectively with joint liability.Network trading platform provider haveing conducted a direct infringement,while it bears its sole responsibility for all.