Civil Legal Status And Responsibility Of APP Platform Operators

APP is short for Application in English.Due to the popularity of smart phones and the development of mobile communication technology and mobile network technology,the APP more refers to the third party Application in the smart phone.In numerous type of APP,E-commerce APP is the topics discussed in this paper.The so-called APP platform is the mobile E-commerce platform in nature.Talking about the APP,the mobile E-commerce platform is mentioned to inevitably.Because APP E-commerce platform itself is the product of the development of mobile E-commerce.The difference between APP platform and traditional computer platform is the difference between mobile E-commerce and traditional E-commerce.The characteristics of mobile E-commerce based on APP platform compared with the traditional E-commerce based on computer platform are as follows:the transaction breaking through the limit of time and space being more efficient and convenient,avoiding complicated means of payment by scanning QR code,broader customer base.There are two kinds of business models of APP platform,namely direct business model and indirect business model.In the direct business model,sellers and platform operators are the same identity,so the civil legal status of APP platform can be treated as the seller.Therefore,this article refer to the APP platform operator's legal status and civil responsibility only for indirect business model.The transaction at APP platform mainly involves three party legal relation subject that are sellers,platform operators,and consumers.The relationship between APP platform operators and sellers cannot simply to refer to the trustee-trader relationship,agency relationship,Intermediary relationship,but is separately listed as the relationship of third party trading platform providing-services.The relationship between APP platform operators and consumers is a relationship of innominate contract.The legal concept of APP platform operators may belong to the third party trading platform operators.So the problem of the legal status of APP platform operators may refer to the academic point of view about the legal status of the third party trading platform operators.Currently these viewpoint about the legal status of Internet trading platform operators like APP platform operators mainly are involved: "Seller's joint venture","exhibition platform","Inter-mediator","Internet service providers".Analyzing each point of view Comprehensively,on the basis of "Internet service providers",APP platform operator's civil legal status can be defined as "the third party trading platform service provider".In E-commerce legal disputes,APP platform operator's civil liability is often involved,including liability for breach of contracts,tort liability,the joint and several liability resulting from seller's default or infringement.Due to the lack of relevant laws and regulations,about the APP platform operator's civil legal liability system,the following improvements can be made:supervising and urging the APP platform operator to strengthen protection for users' personal information by Legislation,enactment of law to clarify the responsibility of the network trading platform,strengthening the law enforcement against internet platform operators online and offline,Establishing a strict market access system for APP platform operators,Urging APP platform operators to build credit guarantee mechanism which examine and verify the information of seller's financial guarantee and past bad record to establish a credit evaluation system,thus,clearly showing the risk of seller's default and infringement and the seller's Liability for compensation,learning from the experience of the third party compulsory liability insurance system of motor vehicle accident to take advantage of risk sharing mechanism to balance the interests of all parties.