The Studies Of Network Trading Platform Operators Civil Liability

Development and expansion of the network trading platform,greatly changed people's way of life and made our life more convenient.But at the same time,this new trading mode increased the risks for both parties especially consumers.To this developed network trading platform,our country not have specific laws and regulations,leading consumers to safeguard legal rights difficultly after trading dispute.Liability of net work trading platform operators suffered from present laws and regulations.Through the analysis of the current civil liability rules,methods of bearing civil liability and the civil exemption of the network transaction platform operators,the author puts forward that the operators of the network trading platform have three difficulties in the current application of the law: firstly,the civil responsibility rules that the platform operators to provide services to create damage can not be determined;Secondly,the platform operator bear a single way of civil liability;Thirdly,the platform operator to provide the service agreement format exemption clause more effective.About the difficulty,the civil responsibility rules that the platform operators to provide services to create damage can not be determined,the author considers the most important reason is that there is a difference between the network trading platform operators to provide goods and to provide services,resulting to provide services can not be applied to the ‘Consumer Protection Act' Article 44.In order to solve this problem,the thesis puts forward the solution that the net work trading platform operator to bear the responsibility with the one-way joint liability rule.In this thesis,the author analyzes the definition and characteristics of one-way joint and several liability,and expounds the rules of the applicable one-way joint liability.Aiming at the single way of the civil liability of the operators of the network trading platform,the author thinks that there are two main reasons.Firstly,the operators of the network trading platform are different from those of the traditional trading platform.The operators of the network trading platform are virtual,medium and open.The secondly is the lack of laws and regulations in the provisions of the civil liability of the operator.In the traditional ten forms of civil liability,the author analyzes and excludes the way that does not apply to the responsibility for the operators of the platform,thus defining the scope of the liability that can be used as a platform operator,including compensation for loss,cease the infringing act,apologize,eliminate the impact.And analyzes the specific application of the four kinds of methods of bearing civil liability in the network trading platform operators,promotes the network transaction platform operators responsible for the diversification of the way.For the difficulty that the platform operator to provide the service agreement format exemption clause more effective,the author specific analyzes the current platform operator to provide service agreement format terms into the status quo,the effectiveness of the status quo and explain the status of the rules,and attempts to establish the format of the exemption clause through the establishment of the basic principles,to refine the operator of the service agreement in the format of the terms and conditions of the notice and explain the obligations,set a special network transaction service agreement format exemption clause rules three ways to network transactions The format of the agreement is subject to the exemption clause.The studies of network trading platform operators liability is an important part of net work trading platform development.The thesis starts from difficulties of network trading platform operators liability in civil law area,discussing the cause of difficulties and attempting to provide the corresponding solution,so as to promote the healthy development of the new form of trade.