Font Size: a A A

A Study On Infringement Liability Of The Intetnet Trading Platform Provider

Posted on:2019-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:X F YangFull Text:PDF
GTID:2416330566958869Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the traditional exchange market has gradually been replaced by Internet exchanges,which is not only a shift in consumer attitudes,but also the result of the development of the times and technological change.Compared with the traditional transactions,online transactions are virtual,paperless and other characteristics,in particular,the transaction occurred in the network trading platform above.Although online trading has brought people convenience,but these characteristics are also an important factor in infringement disputes caused by online trading.As the provider,supervisor and service provider of network transaction platform,Internet transaction platform providers have corresponding responsibilities and obligations in the transaction process.In judicial practice,the definition of liability of network transaction platform provider in network transaction infringement and Judgments,mainly based on Article 36,paragraphs 2 and 3,of the Tort Liability Act,but the generality of the provisions and the lag of law easily affect the efficiency of dispute resolution.Article 44 of the Consumer Protection Law further stipulates the dominant position and responsibility of the network transaction platform provider in the tripartite relationship between consumers and network operators."Measures for the Management of Internet Transactions" and "E-Commerce Law",as well as other laws and regulations,also provide for the rights and obligations of Internet trading platform operators as well as their legal status.However,the above provisions still have imperfections.Through the research of texts,taking the providers of internet trading platform as the center,it analyzes the tort liability of internet trading platform providers in detail and rationally,and hopes to provide reference for theory and practice.This article takes the concept of network transaction platform provider as the breakthrough point,and introduces different types of network trading platform and characteristics.This paper summarizes the academic orientation of the legal nature of the provider of the network trading platform,and analyzes its obligation premise for tort liability.On the premise of analyzing the responsibility of the providers of network trading platform,we should clarify the types of infringement.Combined with the general theory of tort law,it summarizes the elements of tort liability.According to the types of tort and the principle of imputation,the types and responsibilities of the tort liability of the network trading platform provider are summed up as follows: the conditions are not real joint and several liability,joint and several liability,and some joint and several liability.The fourth part,combined with the current status of the relevant legislation on network transactions,the "format clause","network trading platform to provide services","dispute settlement mechanism","duty of attention" and other aspects of the problems and shortcomings.The problems such as "strengthening the supervision of the formatting clauses","perfecting the dispute settlement mechanism","distinguishing the service and selling goods of the network trading platform,and the clear duty of attention" have been perfected.
Keywords/Search Tags:Internet transactions, Network trading platform provider, Tort liability, Joint responsibility
PDF Full Text Request
Related items