Study On The Tort Liability Of The Network Trading Platform Provider

In recent years,with the popularization of Internet and electronic commerce social penetration,network trading environment tort events emerge in endlessly.It really put forward a new challenge on the traditional legal system.Based on the network trading platform provider as the main clue,clarify its legal status and its corresponding rights and obligations,so as to further discuss this specific subject should bear tort liability.Online trading platform providers is specially provide network services network enterprise as a legal person.It provide online trading platform service,is the medium of communication,itself is not a network transaction parties,but in the process of network trade plays a vital role.In terms of responsibility,therefore,also more widely,civil liability,administrative liability and criminal liability may be involved,mainly in the civil liability for breach of contract and tort liability.The author focuses on the network trading platform provider of tort liability,if the network trading platform provider of direct infringement,shall be borne by the tort liability.It is beyond doubt.However,caused by the special status of online trading platform providers under the special circumstances of infringement of others using online trading platform provider services provided by the implementation of the tort,whether online trading platform provider shall bear the liability,if the answer is yes,then the responsibility imputation principle,constitutive requirements and responsibility,what's the way it is a question worthy of in-depth study.In the first part of this thesis,as well as the introduction of this article,mainly revolves around the following points: the purpose of this study,the research significance,research progress on this topic abroad and domestic research status in our country,and in the process of research by using the research methods and possible innovation place.Has carried on the literature review,and the related information by means of theoretical and practical achievements in the field of comb,clear focus in the study of this article.The second part of this thesis is an overview of online trading platform provider general problem.After the introduction of different types of model,the scope of the position we discussed specific Internet trading platform provider's tort liability applies to B2 C mode of online shopping malls and C2 C mode.Then clear concept and characteristics of online tradingplatform provider,and explore the concept of Internet trading platform provider infringement and compared with the general tort is special.Comb at the same time,take this opportunity to clear network trading environment complex legal relationship,whether it's online business contract legal relationship,or a technical service contract legal relationship,or entrust contract legal relationship with a third party,etc.,are worthy of our study to explore the key point.It will be substantial strides to clear legal status,the network trading platform provider,in turn,determine the tort liability.In the third part of this thesis,the analysis of the existing theory more academic,"the seller say" and "counter the lessor say","the broker say",etc.,combining with the basic principle of civil law educational world and trading practices,define the platform provider's civil law position,namely the third party platform neutrality.Under the complicated legal relationship and on the basis of analysis of the network trading platform provider such as online business contract legal relationship under the legal status of third-party neutral platform,technical service contract legal relationship of the parties,the agency appointment contract with a third party under the legal relations of the principal study,further defined the network trading platform provider should fulfill the reasonable duty of care and safeguards obligations.Then,in the fourth part of this article,according to the above three tort obligation is a single,it is a violation of the obligation of information disclosure is not as infringement;The second is not take the necessary measures of nonfeasance tort;Three is to help the infringement.And because the infringement is different from the general tort,so,in this paper,clear definition to the above three kinds of infringement standard of special infringement in judicial practice,to guide the future of e-commerce,provides solutions to the judicial practice.The fifth part of this thesis for the network tort constitute and constitutive requirements of tort liability imputation principle.Imputation principle of fault liability and no-fault liability,as well as the components of the tort liability,the four constitutive requirements of general tort,tort,damage consequence,causality and subjective fault.Is it suitable for network infringement exists particularity,the answer is clearly yes.So,in this part of the study by comparing the general tort and found the traits of network infringement to achieve the objective of the study.Finally,in the sixth part of this thesis,mainly around the network trade infringementresponsibility and bear the way,network tort responsibility to undertake various types of trading,including the vicarious liability,"first payment" responsibility,the conditional not really joint liability and joint liability.General and vicarious liability for the rights and interests is damaged more consumers to shop operators claim rights and shall not be sought relief to turn to online trading platform provider,online trading platform provider first advances,and then recover from the online store operators;While "first payment" responsibility is produced under obligations agreed upon,online trading platform provider in order to better provide services and protect the legitimate rights and interests of consumers,contributing set once consumers through its platform for buying and selling goods or accept services after damage,by the network trading platform provider assume the responsibility of leading the payment,and then according to the degree of fault with operator divided responsibility size;Joint and several liability is generally in the case of contributory infringement.