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Research On Legal Liability Of Online Trading Platform Providers Under C2C Mode

Posted on:2020-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:J PanFull Text:PDF
GTID:2416330572469807Subject:legal
Abstract/Summary:PDF Full Text Request
C2C as a new type of online trading mode,has gradually become the main way of shopping in our life.It produces problems such as infringement of legitimate interests,transaction security,privacy.The number of disputes caused by C2C is also increasing day by day,and the legal liability of online trading platform providers is also increasing.Recognition has gradually attracted our attention.How to protect the legitimate rights in online transactions has been concerned by many scholars in academia and practice.Accurate identification of the obligations and legal liabilities of online trading platform providers has become the key.Most laws and regulations in the current legislation are more principled.In judicial practice,different judgments may appear in the same law,which may not protect the legitimate rights and interests of consumers,and may also affect the credibility of the judiciary.Through the statistical analysis of the relevant judicial decisions of China Judicial Documents Network in the past three years,this paper finds that there are differences in the application of the existing legal provisions to the legal liability of platform providers in China's judicial practice,and puts forward specific suggestions for improvement in view of their shortcomings.This paper is divided into five chapters to analyze and study the legal liability of the network trading platform providers:Chapter 1,under the C2C trading mode,the concept of network trading platform providers in this paper adopts the provisions of Consumer Rights Protection Law 44,defines the status of platform providers,combs four main theories in the current academic circles,and combines with the specific nature of intermediary in network transactions of platform providers,considers that the adoption of a new type of transaction intermediary theory is the most reasonable.Chapter 2,combining the characteristics of the four principles of imputation,analyses the embodiment of the legal liability of platform providers in specific laws.Current legislation in our country adopts the principle of fault liability under the circumstances that the platform knows or ought to know the infringement of the sellers.When the platform can not provide real and effective contact information for the sellers,it adopts the principle of joint and several liability without conditions.Chapter 3:There are conflicts between Article 36,paragraph 3,of the Tort Liability Law and Article 44,paragraph 3,on the infringement of the platform provider's "notifiable" seller's rights in the relevant articles of the legal liability determination of the network trading platform provider;Article 38,paragraph 2,of the Electronic Commerce Law on the platform provider's "corresponding liability"provisions,which are dealt with vaguely by legislation.It is bound to leave hidden dangers in the application of the law.Chapter 4,through the analysis of 30 judicial judgments in the past three years,from the judgment results,controversial focus and judgment basis,it is found that there are some problems in judicial practice,such as weak operability of legal provisions,unclear obligations of platform providers,unreasonable allocation of burden of proof in litigation,and lack of judicial links in online transaction disputes.Chapter 5,aiming at the problems mentioned above and combining with the mature experience of foreign countries,perfecting the legal system of network transactions,making legislation more regular,establishing online dispute resolution mechanism,combining industry autonomy with government interference.
Keywords/Search Tags:C2C Trading Mode, Online Trading Platform Provider, Legal Liability, E-Commerce Law
PDF Full Text Request
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