Tort Liability Of Internet Trading Platform

The infringement of Internet Trading Platform are the direct infringement caused by the infringement of Internet Trading Platform and indirect infringement caused by user's infringement.Direct infringement is not a problem.It is still debatable whether the Internet Trading Platform is liable for the infringement of indirect infringement by users,which is also the main direction of the research.At present,the main problems existing in the infringement of China's Internet Trading Platform are the unclear Legal Status of Internet Trading Platform,the law does not explicitly stipulate the legal obligations of Internet Trading Platforms,and the type of liability for Tort Liability is unclear.As to the definition of the Legal Status of Internet Trading Platform,the academic circle has always been controversial,such as"The seller","rental counter","The broker"and"New trade intermediary".By comparing several different theories and analyzing the unreasonableness of several theories,it is concluded that the Legal Status of Internet Trading Platform is closer to that of technical service providers and the reasonableness of this argument.Because what"The seller"said is unreasonable is that the virtual network shopping is equivalent to the reality shopping,the"rental counter"says that the free Internet Trading Platform is simply regarded as a counter for rent,"The broker"said that the Internet Trading Platform is not the same as traditional broker and"New trade intermediary"says that it does not exhaust the existing legal relationship.On the premise and theoretical basis of liability for Tort Liability of Internet Trading Platform,the review Obligation and duty of the care of the Internet Trading Platform are analyzed.Based on the theories of Damage control theory,the principle of"convergence of income and risk"and theory of minimization of accident cost,this paper analyzes the theoretical basis of liability for Tort Liability of Internet Trading Platform.The principle of liability for infringement of Internet Trading Platform in China,the rationality of applying"the principle of fault liability"is obtained by analyzing and comparing the principle of"no-fault liability doctrine","the principle of presumption of fault presumption"and"the principle of fault liability".Because the implementation of the strict"no-fault liability doctrine"will affect the development of the online trading industry and the abuse of"the principle of presumption of fault presumption"will aggravate the responsibility of Internet Trading Platform.Finally,the author analyzes the types of Tort Liability of the Internet Trading Platform based on 44^thtule of the Consumer Protection Law.In the case of breach of information disclosure obligation on the Internet Trading Platform,there are three different opinions,such as"joint liability","supplementary liability"and"unreal joint liability".Also,the rationality of the unreal joint liability of the condition is discussed.In the absence of necessary measures,the Internet Trading Platform shall be jointly and severally liable for the extended losses.And this paper analyzes the premise that the Internet Trading Platform bears such joint liability is the existence of joint infringement,the victim has an option on the intermediary responsible for joint and several liability and the fault degree of Internet Trading Platform determines its corresponding share of responsibility.