On The Tort Liability Of Providers Of Online Trading Platforms

Electronic business changes people's traditional lifestyle with the development of internet.As a result,internet transaction platform arises.It not only provides the merchant with a broad platform but also brings great convenience to people's lives,which becomes a crucial portion of electronic business industry.However,the frequent occurrences of tort involving the supplier of internet transaction platform follow in the wake of the prosperity of internet transaction platform,and it turns into an inevitable situation in front of the supplier.Many hot cases of tort are caused by internet transaction in recent years.Internet transaction platform makes people's lives convenient while it also severely infringes customers' relevant rights in the meanwhile such as the right to know?the right to fair exchange and so on due to its particularity,increasing customers' risk of exchange.There is no way for customers but to ask the supplier of internet transaction platform to protect their rights for it is too difficult to find the suppliers of products or service of the internet transaction platform(hereafter referred to as proprietors).Therefore,it is often seen that the supplier and proprietor are deemed as codefendants.Given that,the article 44 of Law on Protection of the Rights and Interests of Customers amends in order to specify the supplier's tortious liability in 2013,demonstrating that its identity is confirmed by the law.Depending on the different situations of the suppliers of the internet transaction platform,the due tortious liabilities are different.Some suppliers are supposed to be responsible for its administrative and criminal liabilities in addition to the tortious liability,of which the tortious liability is the key point to explore.Although the correlative law stipulates the supplier's tortious liability,the stipulation of their legal status,obligation and tortious liability are still vague,which make the comprehension and application of the law unclear in the process of juridical practice and bring the customers in the difficult position to defend their rights.By means of analysis,comparison and generalization,this thesis intends to summarize the present studies of internet transaction supplier's tortious liability and systematically carries out a theoretical research on correlative questions so as to explicate the supplier's tortious liability.This thesis is divided into four chapters.Chapter one analyzes the internet transaction supplier's legal status by expounding its concept and characteristics.Chapter two scientifically illuminates its torts.Chapter three probes into the supplier's tortious liability through the constituent condition,criterion of liability and the form of tortious liability.Chapter four analyzes the current situation of legislation of the supplier's tortious liability both in China and abroad along with the deficiency of legislation in our country,and therefore puts forward the suggestion for purpose of perfecting the supplier's tortious liability.