Research On The Legal Liability Of Third Party Network Service Platform In Tort Cases

With the prosperity of e-commerce,mobile phone is an indispensable electronic device in daily life.People not only trade through computers,more and more electronic transactions are carried out through third party network service platform.As while as online transactions based on third party network service platform brings convenience to people's lives,consumers and commodity operators or offline service providers would also have disputes so times.The resulting problem is that consumers' rights and interests are damaged,and the tort liability of the third party network service platform is difficult to be determined,which is not conducive to the development of the Internet commerce industry to a certain extent.In legal contexts,in addition to the article 36 of Tort Liability Law has the regulation of network tort,the article 44 of revised Consumer Protection Law also rules on the tort liability of online trading platform providers.This article analyzes the legal status of the mobile third party network service platform as well as the legal relationship between the third party network service platform and the operator or service provider through a case study and related theories and relevant laws and regulations,based on which to judge the legal liability of the third party network service platform.There are five chapters in this article:The first chapter is the introduction,which shows the popularization of 020 business model under the development of Internet and clarifying the significance of the responsibilities of all parties.At the same time,this paper introduces the research method of this paper,which is to introduce the problem through the case and analyze it with the theory.The second chapter introduced the case,the plaintiff booked the Makeup service on the defendant's third party network service platform,and after receiving the Makeup service of the manicurist sent by the defendant,the plaintiff's eyes were unwell and were damaged.This created a controversy about the liability of the defendant and the nail technician.The court ruled that the manicurist should be responsible for all the tort liability,and the defendant was responsible for the supplementary liability in the 30%range.The third chapter defined the scope of the third party network service platform provider.For the case discussed in this article,the third party network service platform belongs to the form between third-party merchants traded with consumers and this trading platform provided by it.In the meantime,this chapter analyzes the legal relationship between the third party network service platform provider and the offline service provider,and the relationship between them is not intermediary or employment.According to the agreement,it can be seen that they should belong to the e-business relationship.The fourth chapter is about the legal status of the third party network service platform.There are theories such as regarding third party network service platform as the seller,the counter tenant or the intermediary.This article combines the case and academic view to define it as a new kind of medium of exchange with independent civil legal status.According to the relevant laws and regulations,the third party network service platform providers need to fulfill its obligations to review the operator information,to provide a safe trading environment,to safeguard consumers' legal rights and interests against infringement and provide assistance to the rights and interests of the damaged party.The fifth chapter determined the tort liability of third party network service platform.In the tort behavior of the third party network service platform,there is omission about the default of the obligation of providing the real information and the obligation not to take the necessary measures.The escape clause between the consumers and the third party network service platform provider should be deemed invalid as it aggravates the consumer obligation and alleviates the platform obligations.For the tort liability of third party network service platform,according to the article 44 of Consumer Protection Law,there is no real joint liability and joint liability.In the case discussed in this article,the third party network service platform assumes a supplementary responsibility.