Study On The Tort Liability Of Online Trading Platform Providers

In recent years,internet technology and online shopping presents a rapid development trend,and by virtue of its convenient advantages to become a modern favorite daily shopping.In this process of development,online shopping platform also appeared a lot of good and bad goods,many of which involve fake and shoddy,false propaganda,infringement of intellectual property rights,etc.,against the interests of consumers and the rights of all parties,but also on the shopping platform The development of negative impact.By collecting and analyzing the cases of infringement of the legitimate rights and interests of others by the network platform providers and their users in recent years,this paper finds that their controversy focuses on whether the "online trading platform provider should share for the network seller" Its tort liability ",and the courts have different views on this.The fundamental reason for the existence of the differences lies in the lack of legal obligations on the providers of online trading platforms,and the ambiguous provisions on their tort liability are also ambiguous.On the basis of interpreting the relevant laws and regulations of our country,the author studies and combs the opinions of scholars and relevant foreign legal provisions,determines the main legal status of the provider of online trading platform,and further explores the duty of review,Attention obligation and subjective fault,aiming to provide a set of reference standard for the identification of infringement liability of network transaction platform provider.This paper is divided into four parts:The first part,led by the relevant case to solve this paper to solve the core issues.This paper summarizes the cases of infringement of the legitimate rights and interests of others by the network trading platform provider in recent years.Through the comparative analysis of these cases,this paper summarizes the three aspects of the infringement of the network transaction platform provider in the judicial practice Big differences,respectively,for the network trading platform provider of legal status,basic obligations,subjective fault identification problem.This part leads to the problem,but also easy to discuss the following one by one,and finally explore a set of network trading platform for reference providers to determine the responsibility of tort liability.The second part discusses the legal status of online trading platform providers.This is a fundamental question that must be clarified before answering "fundamental rights and responsibilities".This part analyzes and evaluates the various theories of subjectivity in the academic circles,and sums up the basic properties of the network service providers and the nature of the advertisers in some cases.Therefore,it can not be a single interpretation of its role to identify its legal status.The third part,the study of network trading platform providers of the type of obligation.Most of the domestic scholars standing on the basis of basic attributes,feasibility and industry development point of view,generally held against the network trading platform providers to set the review of the views of the views.The author combines the operation status of the network trading platform,the business ability,the practice of the foreign countries,and puts forward that it is reasonable and feasible to give the online trading platform provider a certain degree of review obligation,and the practice is more in line with the international practice.It is the minimum basic obligation that the network transaction platform provider should bear,and the author mainly analyzes its meaning,the measure of the obligation standard and the standard of its judicial practice.The fourth part analyzes the subjective elements of the liability of the network trading platform.By clarifying the various scholars' doctrines,the author thinks that the connotation of "knowing" is "knowing" and "knowing".The intention and negligence are the form of fault.Good analysis of the bedding.The fifth part is to improve the network transaction platform provider tort liability legislation a number of recommendations.On the basis of the previous analysis,it is suggested that the legislator should combine the basic attributes with the specific contents of the service to define the legal status.It is suggested that the legislators adopt objective criteria in the determination of subjective fault,and whether the platform provider's violation of the duty of care Measure the content of the basic obligations of the proposed legislative proposals,including the review of the contents of the content,form,the specific recommendations of the standard,whirring refine the "timely" time period and the "reasonable measures" content;because this article more This paper discusses the identification of the tort liability of the provider of the network trading platform from the aspects of legal status,type of obligation and subjective recognition.It also needs that the legislator further clarify the provisions on tort liability.