Research On The Legal Liability System Of The Third Party Transaction Platform Provider In Electronic Commerce

Since American scholar Professor Harris systematized the concept of e-commerce,e-commerce has been developing rapidly all over the world.In the era of big data e-commerce,under the new transaction mode,such as B2B,B2C,C2C and so on,third-party trading platform providers with their own characteristics began to appear.With the rise of sharing economy and willing economy,the definition of the legal concept,the clarity of the legal nature and the legal liability of the third-party trading platform provider are paid more and more attention by the legal circles.Third-party trading platform provider is the concrete expression of the legal concept of e-commerce platform operator.The legal nature of third-party trading platform providers is a prerequisite for clarifying their legal liability.However,there are disputes in academic circles regarding the legal nature of third-party trading platform providers,such as joint venture between the parties to the transaction,the agent,the intermediary,the person who rents the counter,and so on.No consensus has yet been reached.The legal nature of the third party trading platform provider should be the counter renter in B2C and C2C mode,and the intermediary in B2B transaction mode.Another prerequisite for legal liability is the non-performance of legal obligations.It is not difficult to define the limits and types of obligations that the third-party trading platform providers should fulfill in theory,but in the actual activities of the complex transaction mode of the platform providers,it is difficult to do so.In jurisprudence,the third-party trading platform providers still follow the basic types of legal liability,in addition to the general obligations and obligations to be performed,in the special transaction types and processes also need to bear special legal liability.For example,the quality guarantee liability of B2C mixed trading platform provider and the intermediary liability of B2B intermediary platform provider,etc.In most countries where e-commerce legislation is mature,the legal liability of third-party trading platform providers generally follows a more liberal legislative concept,which is based on encouragement and protection.Mainly by the United States uniform computer Information Exchange Act and the European Union's Electronic Commerce Directive as a representative.Korea's e-commerce consumer rights protection law and Japan's "digital program" mainly take special legislation in the key links of the three party e-commerce transactions,such as consumer rights and interests protection,data privacy protection and platform dispute resolution mechanism.Our country e-commerce legislation starts late,the development is too advanced.At present,there are the following problems in the legislative norms and institutional design of the liability of third-party trading platform providers:The current legislative norms are too substantive and local administration,and the legislative concept is lagging behind.Lack of institutional constraints in the development of third-party trading platform services and evaluation rules.Ignoring the Protection of Consumer Privacy and the maintenance of Fair Competition order.Lack of a data security protection system.Dispute resolution channels such as arbitration and judicial relief are not open,etc.?Of course,the third-party trading platform provider legislation regulation and legal liability system loophole also promoted the legislator's introspection.The legislative concept of electronic commerce should be changed from "blocking" to"sparse".Lead third-party trading platform providers to develop reasonable and legitimate trading services and evaluation rules,.Perfecting the Civil liability system of Consumer data Security and Privacy Protection.Strengthening the Administrative liability system of Fair Competition for third Party Trading platform providers,The way to solve disputes between provider and other Electronic Commerce transaction parties connected with unblocked third Party Trading platform.Only by constructing a clear and perfect legal liability system of the third party trading platform provider can we better promote the steady and efficient development of national electronic commerce.