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Legal Regulation On Tort Liability Of Online Trading Platform Providers

Posted on:2019-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2416330548466946Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the Internet technology continues to grow and people's consumption level has been improved,people's trading demands are becoming more and more diversified.In order to meet the diversified trading demands,the network trading platform as a new trading means emerged at the historic moment.It involves not only electronic technology and business itself,but also all aspects of society.As a third-party online trading platform,it is an important bridge between consumers and sellers and service providers.In recent years,with the rapid development of online trading platform,the infringement behaviors of platform providers have been increasing.The study of the tort liability of the provider of the network trading platform is beneficial to the further clarifying of the responsibility,to reduce the tort of the provider of the network trading platform,and to promote the development of the emerging industry of the Internet.At the same time,it is also very important to the protection of the intellectual property rights,property rights and personality rights of the users of the platform.However,at the present stage,the rules of tort liability for platform providers in China are only scattered in legal provisions,judicial interpretations and administrative regulations,and lack a complete legislative framework,which brings problems to the identification of tort liability of the network trading platform providers.Therefore,this paper intends to make an in-depth analysis of the liability principle,constitutive elements and liability form of tort liability of online trading platform providers,reveal the deficiencies of the legislation and regulation of infringement of online trading platform providers in China,and put forward corresponding suggestions for improvement.The full text is divided into four parts:The first portion is the definition of network trading platform provider.In this paper,the platform provider is defined as the subject that sets up a website to provide services for users and enable them to carry out online trading activities by using relevant technical means.According to their different roles,the article further divides them into one type,mixed type and intermediate type platform service provider.The network trading platform provider is not only the owner of the network trading platform,but also the participant of the service contract of the network trading platform.From the point of view of the participants in the service contract,this paper considers its legal status as a new kind of intermediary.The second part is the identification of tort liability of online trading platform providers.This part discusses the liability principle,constitutive elements and liability form of tort liability of online trading platform providers.This paper argues that the principle of liability for tort liability of online trading platform providers should be recognized as the principle of fault liability.Because the provider of the network trading platform exists both direct infringement and indirect infringement,the form of tort liability includes the individual liability,the joint liability under the joint tort and the untrue joint liability arising from the violation of the legal obligation.The third part is the current situation and existing problems of the legislation and regulation of the tort liability of the online trading platform providers.By analyzing the current status of legislation and regulation,this paper puts forward that the current legislation of tort liability for the provider of network trading platform exists both macro level and micro level defects.The former lies in the lack of a complete legislative framework,and the latter lies in four aspects such as the unidentified requirements of the"notice",the unidentified "necessary measures",the unidentified meaning of "knowing"and the lack of regulation on the formatting clauses.The fourth part is the perfection of the legal regulation of the tort liability of the provider of the network transaction platform.On the application of "notice",this paper proposes that the notice should meet the requirements of form and content.Secondly,this article holds that "necessary measures" should be identified as a starting point to maintain the legitimate rights and interests of the users and avoid further expansion of the loss,and should not be limited to deleting,shielding and disconnecting the links;The cognizance of "know" should be treated as the objective standard of ordinary rational people.As to regulating online trading platform provider on the problem of abuse of format terms,this paper holds that should.pay attention to the protection of the legitimate rights and interests of users,the network trading platform provider can formulate format contract in a limited boundary,in order to balance the rights and obligations and responsibilities of all parties concerned.
Keywords/Search Tags:the network transaction platform, liability for tort, imputation principle, regulations
PDF Full Text Request
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