| The development and expansion of the online trading platform has greatly promoted people's shopping channels and methods while promoting economic development,and has changed people's shopping methods and lifestyles.The growth of e-commerce platforms dominated by Taobao and JD.com.Perfecting the convenience of people's shopping has also greatly promoted the development of e-commerce.More and more products have electronic trading platforms,and more and more businesses have settled in e-commerce platforms,making current e-commerce types.Increasingly diverse.However,while online transactions have brought convenience to people,incidents of infringement of the rights of others through media platforms have also occurred frequently.This has made some people deterred from online trading and has,to some extent,limited the development of online transactions.In the laws and regulations that have been issued,in addition to the regulations governing both sides of the transaction,there are many regulations that focus on e-commerce trading platform service providers.In addition to administrative management can not be ignored,it also plays an important role in the establishment of e-commerce trading platform service providers tort liability.Article 44 of the amended "Consumer Protection Law of the People's Republic of China on the Rights and Interests" is the first time to clarify the main status and responsibilities of e-commerce trading platform service providers in the form of laws,and specifies the e-commerce trading platform services under different behavior patterns.The responsibility of the business is borne.However,the above provisions are not yet perfect in the application of certain specific matters,and the connection with Article 36 of the Tort Liability Law of the People's Republic of China is not clear.This article will be based on the reality of online transactions,and based on the relevant traditional civil law theory and existing legal norms,reasonably analyze and identify the e-commerce trading platform service providers and their responsibilities to assume the premise,and then its infringement and its implementation Responsible for discussion,in order to provide reference for the application of relevant laws.This article first elaborates the research background and domestic research status of this article and analyzes it.Based on this,it analyzes the relevant concepts and scopes of e-commerce trading platform providers,the legal status of e-commerce trading platform service providers and legal obligations,and specifically discusses the business transactions.The principle of liability of tort liability of platform service providers,from the aspects of faults,injuring behavior,damage facts,and causation,etc.,discusses the constituent elements of tort liability of e-commerce trading platform service providers;finally,the condition of service providers from e-commerce trading platforms is not really Joint responsibility,joint and several liability and some joint and several liability are explained. |
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