On The Compensation Responsibility Of The Network Trading Platform Provider To Consumer

"Law of the People's Republic of China on Protection of Consumers' Rights and Interests" article 44 regulation stipulates that when the network trading platform provider can't provide the true name or true address or effective contact of the seller to consumers,it shall assume liability to pay compensation.At the same time,the network trading platform provider shall perform its better promise.When the network trading platform provider knows or should know that the seller infringing the legitimate rights and interests of consumers,If the network trading platform provider does not take effective measures,it shall be jointly and severally liable with the seller.Through analyzing the decision of related cases found that both in theory and in practice the compensation responsibility of the network trading platform provider to consumer in is controversial and the insufficiency.The concept and the legal status of network trading platform providers is still controversial.Network trading platform providers are not the a seller or a lease of the counter or a brokerage,and it is not a simple Internet service provider.Network trading platform providers is a comprehensive network service provider which provide technical support for the network trade,sign contracts with the consumer and sellers,participate in the network transactions to a degree,it sets the advertisers,managers and supervisors as a whole.The network trading platform provider shall include the C2 C and the B2 C,but do not include the online mall B2 C.In the network business,consumer relationship exists between seller and consumers,network trading platform provider also set up the network service contract relationship with consumers and the seller,and the network trading platform provider will supervise and control of network transactions.As a result,network trading platform provider assume liability to pay compensation to consumers is derived from its obligation to consumers.These obligations include obligations agreed upon,and subsidiary obligation,the reasonable duty of care,information disclosure obligations,take effective measures such as legal obligation,violation of these obligations,it shall bear corresponding compensation liabilities." Consumer Protection Law " article 44 defines three types of network trading platform provider shall bear the responsibility to consumer,respectively is in violation of the obligation of disclosure liability to pay compensation,better commitment responsibility,knows or should know and do not take effective measures to jointly and severally liable.Violation of the obligation of disclosure is not the responsibility of the liability to pay compensation form joint and several liability or vicarious liability,nor the first compensation responsibility,but a not the real joint and several liability which have the final responsibility person.At the same time,not because the network trading platform provider provides the seller reserved information on the website as the network trading platform provider to have performed his obligation of information disclosure,but should review information is the "real","effective".And network trading platform provider to perform the information disclosure obligation nor as a disclaimer does not assume liability to pay compensation.For better commitment responsibility,is a leading compensation responsibility with incomplete right of recourse against.Online trading platform provider as long as the better commitment should be the first to consumers for compensation,and whether it have any fault.But only to that part of seller promised may require the seller to pay,exceed that part of the only shall be borne by the network trading platform provider.For knowing that should know and did not take effective measures to jointly and severally liable,it is based on the platform provider contact behavior between the seller associated without meaning common infringement.At the same time,the understanding of knowing that should know can not be only on the basis of general duty of care,should be taken into account.Through case analysis,the product defect is cause person damage compensation liability in network transactions to produce one of the important reasons.This means that the consumers' rights and interests protects a law "article 44 is closely connected with product liability,both cohesion and coordination shall be conducted,otherwise easy to make advocate for the rights of consumers in time missed the responsibility main body.Therefore,we should use product liability of article 44 of the consumer protection law,give consumers the right to choose the network trading platform provider,the seller,or the producers to claim,and we need to clear the three responsibility sharing between,to combine both better.