Research On Civil Liability Of Network Trading Platform Providers In Consumer Disputes

With the advent of the Internet era,the rise of online shopping has led to frequent occurrence of online consumer disputes.In these circumstances,the network trading platform provider has attracted widespread attention in the society as a subject in the legal relationship of online transactions.The controversy that has been constantly elicited in reality has caused the discussion of the legal status and legal liability of this subject in the theoretical and practical circles.Then from the discussion of this issues,We are gradually aware of the particularity of this subject generated by the development of the network,and constantly push the legislation to rule its legal liability.In light of past legal regulations,our research on this subject mainly focuses on the field of copyright infringement.Often,the most common face of this subject is the legal consequences of civil liability,such as tort liability.With the implementation of the Tort Liability Law of 2010,network service providers are responsible for network tort liability,so that we can further study the subject's tort liability through this provision.However,the consumer disputes between consumers and sellers,service providers and network trading platform providers are mainly caused by consumers purchasing goods or receiving services,the general rules established in the Tort Liability Law and other provisions are obviously weak in resolving this type of dispute.Disputes caused by traditional online infringements(such as copyright infringement)and consumer disputes caused by online transactions cannot be fully generalized.It is necessary to legislate on this issue,which is helpful to solve a large number of consumer disputes.Later,considering the particularity of consumer disputes and the weak position of consumers in online transactions,the Consumer Protection Law was amended.Article 44 of the law,implemented in 2014,specifically defines this subject as a provider of network trading platform and stipulates its civil liability.The provisions of this article are generally applied by judicial personnel in the trial of relevant consumer disputes.The current problem is that,because this provision is still relatively general and there are few related studies,there are still many differences in understanding,including the legal status,obligations and civil liabilities of network trading platform provider,it leads the fact that the theoretical community still needs to be deeply researched and easy to cause controversy in practice.The phenomenon of different judgments in the same case is easy to occur,thus showing the important value of further research.On this basis,the author discusses and analyzes the disputes arising from Article 44 of the Consumer Protection Law,and proposes relevant suggestions for improvement.The article will also further analyze the provisions of the Tort Liability Law and the Food Safety Law,but it does not focus on the relevant provisions.This article focuses on the research in order to try to resolve the issue of civil liability of the network trading platform providers in consumer disputes.