On The Civil Legal Responsibility Of Providers Of Online Trading Platforms

With the rapid development of e-commerce industry,people can buy the right goods even if they are at home.The development of electronic commerce broaden the transaction market,reduces the cost,enhances the market transparency and detail theclear consumption information,provides a convenient and quick one-stop service for online trading of various main,so the e-commerce boom only grow.However,there are inevitable problems whenhigh speed development exists.The complicated consumer relations makes greatly increases the chance of damages suffered by consumers.As a result,the article 44 of Law on Protection of the Rights and Interests of Consumers rules that the platform provider in different behavior mode has made specific liability for tort,but there are still some controversy on specific understanding.On the basis of the existing legal provisions,the author combines the actual conditions of network transactions,and discuss the platform provider of legal status and define it as the main body in the new law from the basic principle of civil law,itsdiscusses default liability imputation principle,tort liability imputation principle and the responsibility type,in order to applyto law for reference.This mainly structure of this paper is divided into five parts:The first part is the introduction:the selected topic background significance,the literature review of the platform provider,the research methods of this paper and the creative conception.The second is the basis of network trading platform provider bear tort liability:concept,characteristics and scope of network trading platform provider,the legal status of the definition and sources of bearing civil liability obligations.Raise the concept of the provider basis on the concept of platform by the State Administration of Industry and Commerce,raise the new characteristic of provider named comprehensive,raise the new legal subject about the legal status;The third part is the analysis about theplatform provider shouldbe liable for breach ofcontract,this part define properties of paragraph 1 of article 44 in Law on Protection of the Rights and Interests of Consumers;The fourth part is the specific analysis about the network business platform provider tort liability,including the fault liability,no-fault liability principle and the four aspects of constitutive requirements in the second paragraph of article 44;The fifth part is the conclusion.