Research On The Identification Of Civil Liability In The "guided Exchange Type" Network Platform

One of the essential tools of modern work and life is the Internet Technology.The rapid development of the network not only provides a great convenience for people's work and life,but also deeply involved in the modern business.However,the Internet Technology while providing convenience for work and life,itself has become a double-edged sword,which is bound to be some criminals abuse to achieve their purposes,which will bring hidden trouble to the social governance.In 2016 the “Zhi Hu Nv Shen”self-cheat donate incident sparked heated debates.A 26-year-old man made sick plot on the network identity to win public sympathy,who cheat money more than 240,000 yuan,and ultimately,the man was brought to justice.But the discussion of this incident triggered is far from calm.Many users are very concerned about whether the internet platform should bear the legal responsibility.“Internet service provider” is the name of the subject recognized by the current legislation and scholars.However,this paper tries to use the word“Internet Platform” to define the internet service provider,which is classified as “self-reliance” and “guiding exchange”internet platform.In this paper,I analysis the “exchange” internet platform,including its rights and obligations and legal status,and then determine its civil liability.As the internet platform of tort liability provisions in People's Republic of China “tort liability law”(hereinafter referred as the “tort liability law”),shows the particularity of its main responsibility,namely the internet platform is based on the network tort liability is the premise of the user.And because the infringement occurs in the network environment and the network platform main body has the technical neutrality characteristic,therefore the responsibility undertakes is more complex than other infringement liability.Analysis of the “guiding exchange” network platform to bear the civil liability of the network platform to determine the legal status in the specific legal relationship,so as to clarify the obligations of the internet platform.Therefore,the first thing is to determine the nature of the internet platform,classification,legal status and so on,in order to clarify the behavior of the network on the internet platform and the significance of their consequences.Through the above analysis,this paper analyzes the problem of the identification of the civil liability of the “leading exchange” network platform.In the first part of this paper,the author introduces three typical cases and sums up the two problems.First,the legal status of the internet platform is not clearly defined,resulting in similar cases but different similarity judgments on the premise;second,the network platform obligation imputation principle for the fuzzy definition leads to confusion,resulting in similar cases is different verdict phenomenon.Determine the legal status of internet platform should be combined with the definition of the nature of the internet platform and its own characteristics,clear as a new intermediary of the neutral position.Therefore,the second part of the legal analysis of the internet platform for the first to define the nature of the internet platform for the definition and classification.The theory and practice of the “Internet service provider” concept of dispute is discussed,and put forward their own in favor of the scholar's viewpoint,namely “internet platform” to the network platform for the definition and classification of “self-reliance” and “guiding exchange” internet platform.It is pointed out that the internet platform studied in this paper is only limited to the civil liability of the “leading exchange” internet platform.Next is the analysis of the legal status,the scope of obligations and the civil liability of the “guiding exchange” internet platform.In the different legal relations,the legal status of the “guiding exchange” internet platform is different,and the scope of obligations will change accordingly.The third part of the case study concluded that,on the whole,the core ideas are generalized and summarized,and pointed out that the fundamental purpose of “guiding exchange” network platform for civil liability,that is,to develop a reasonable and feasible laws and regulations to regulate the rights and obligations of the internet platform,the balance of interests keep to the right people and network platform,so as to promote the good development of the network,and finally put forward in two aspects.