On The Electricity Trading Platform Duty Of Care Under The Typed Perspective

With the diversification and integrated of electricity trading platform,the law of its provisions is not enough apply to all kinds of specific situations,such as the definition of the duty of electricity trading platform is relatively coarse.As an important standard trading platform provider tort,duty of care don't have a specific provision to designated transaction the platform,the reason lies in the diversification and content of integrated electricity trading platform business model.The "tort liability law" specific provisions is not clear for electricity trading platform,and the industry standard is only a briefly summarize of basic functions and contents of business platform,in addition,the problem of how to judge the duty of the electricity trading platform,still stay in the judicial practice and the theoretical research level.The duty of electricity trading platform should have different types;with heterogeneity involved as judgment elements,to discuss the different types of range on duty of the electricity trading platform.This paper is divided into four parts to analyze the duty of care of the electricity supplier trading platform.The first part is a general introduction of electricity trading platform duty of care.This part starts from the legal position of electricity trading platform,discuss the proper meaning of electricity trading platform under the current trading level of e-commerce,and analyze the basic legal structure of it,combined with the legal source of duty of care,discuss the scope and expansion of the duty of care to the electricity trading platform.The second part pay attention to rationalize the type of care duty to electricity trading platform.The part discussion the necessity and feasibility to classify the duty of care,based on the limitation of existing standard.In terms of necessity,mainly put forward fellows: the electricity trading platform should pay attention to practical needs,the classification of duty will reduce the cost of rights protection,and achieve a balance of interests,and so on;in feasibility terms,analyzed the current diversification of business model and the difference object of transaction to electricity trading platform.The third part is the typology principle and classification criteria of care duty to the electricity trading platform.The first part is typology principle,in the first two parts,discuss the theory basis of classify the duty of care,combined with the reality of development,compares the similarities and different points between the electricity trading platform.The fourth part is the duty of care in each type of electricity trading platform.Establish the standards of classification of care duty,on this basic,divided the duty of care is into specific categories;and put forward two effects if electricity trading platform duty of care has the role to judge.