Research On Civil Liability Of Internet Platform Provider

Sharing bicycle,high-speed railway,quick payment and online shopping have became four new inventions in our country.With the rapid development of the Internet economy,as the third-party trading platform,the Internet platform providers break the traditional producer-seller-consumer trading model,which has became the legal subject and including a series of functions,such as the network transaction service,the price fund hosting platform,the information flow intermediary,the logistics transportation mechanism,the credit appraisal system and so on,playing the pivotal role in running through the transaction in the network transaction legal relations.Our country is gradually constructing and perfecting the legal relationship standard system of network transaction.Not only are the protection of data and network virtual property clearly stipulated in Article 127 of Civil Law,but also many laws and regulations have been promulgated to regulate the providers of Internet platform.However,behind the unprecedented prosperity of the network economy,it reflects the shortcomings in the construction of the relevant legal system in our country.As an emerging legal subject,the legal status of Internet platform providers is controversial.The intricate legal relationship of the network transaction,the internal system of the Internet platform provider with the confused classification relationship,the limitation of the application of legal articles caused by the inconsistency of normative subject and the lack of self-discipline consciousness caused by imperfect normative mechanism all restrict the development of network transaction and the construction of civil liability system of the provider of Internet platform.This paper starts with Article 44 of the Consumer Rights and Interests Protection Act and Article 36 of the Tort liability Law,which regulate the infringement of the personal rights and property rights of network users or consumers by the providers of Internet platforms.From the perspective of the model of economic law: efficiency——fair,this paper analyses the advantages and disadvantages in the aspects of legal provisions and the application of laws,and analysis of the rationality of introducing “port” regulation and “red flag” rules ass.escape clause.The writer puts forward a new tree-like classification method for Internet platform providers,trying to construct a Self-discipline Mechanism within the provider of Internet platform,which starting from the source.Author of this essay seeks to perfect the new mode of civil liability of the provider of Internet goods platform which combines the external standard system with the internal self-discipline mechanism.