Study On Duty Of Care Of Online Trading Platform Provider

In the fifth Plenary Session of the 18 th CPC Central Committee proposed the “Internet plus” strategy.“Internet plus” era,more urged us to pay high attention to the online trading platform and its ownership position in the current legal system.Online trading platform provider as the principal part of civil law is the ownership of the online trading platform,the online trading platform,which serves for the online trading activities capacity for civil rights and capacity for civil conduct.The reasonable regulations of the duty of care of online trading platform providers play an important role in the prevention and suppression of acts of infringement of online transactions.Due to the lag of the complexity of online transactions and related the laws and regulations,the legal position of a online trading platform provider in China,the duty of online trading platform provider has been in a vague sight,which has become the field of electronic commerce law rules and the application must face the problem in the process.Therefore,research on duty of care of online trading platform provider has very important theoretical and practical significance.This paper focuses on the duty of care of online trading platform provider:The first part introduces the background of the topic,the purpose of the study and the current situation of domestic and foreign research and the innovation of the article,in order to find the source of the network trading platform providers pay attention to the obligations and the basic theory of support for the writing of the paper lay the foundation.The second part is about the obligation of attention on the online trading platform provider in this paper.Through to the general duty of care and online trading platform an overview of the duty of care of the special subject,more profound understanding to the duty of care theory connotation and study the significance of online trading platform provider attention obligation.The third part puts forward the current situation and problems of the duty of care of online trading platform providers in China.China's existing legal tone of the legitimate rights and interests of consumers is clear,but at present our country to the online trading platform provider are not identical,the practice of a duty of care in connection with different phenomenon.Referred to in the legislation on the online trading platform provider's duty of care provision is not perfect,the legal status of online trading platform provider is not clear,not have a unified standards and the scope of duty of care of the online trading platform is not clear.The forth part combine China's online trading platform provider's duty of care in the real problems,discusses the countermeasures in the related aspects in our country,and puts forward suggestions on the improvement of the system of the duty of care of the online trading platform providers.First,put forward the legislative proposals on the online trading platform provider's duty of care,amid China's civil code compilation and suggested that make up the duty of care in the civil code compiling regulation of legal blank,on the legal status of online trading platform provider and its duty of care in regulation,and perfect for online transactions involved in the online trading platform provider's format of the contract;Secondly,analyzing the legal status of online trading platform provider,by summing up and analysis of academic controversies about the legal status of the online trading platform providers,on this basis to define its legal status;Again,unified the standard of duty of care,the online trading platform provider established the duty of care and a more detailed study of the standards for the identification of the duty of care;Then,detailed the scope of the online trading platform provider's duty of care,the type of analysis of the online platform providers pay attention to the scope of obligations.Finally,put forward the measures to improve the information disclosure system,and establish the sales volume and price filtering mechanism to improve the online trading platform provider's duty of care.