The Legal Responsibility Of Consumer Protection On The Internet Trading Platform

As a brand new form of transaction in people's life,online commodity trading has greatly changed in people's way of life.The foundation of the development of online transaction comes from the trust of consumers.The serious problems that we are facing as follows: how to regulate the legal responsibility of online trading platform better,how to strengthen the protection of consumers and how to create a secure environment of online consumption for consumers.The regulations of the responsibility to protect consumers in online trading platform in the present law in China cannot solve the new problems that encountered in online trading effectively and causing the Infringement of rights and interests of consumers frequently.Combining with the legal system of our country,this article focuses on the legal liability of the network trading platform from the contract breach liability,tort liability,and their overlapping parts.The Specific ideas are as follows:Firstly,in order to solve the basic legal theoretical problems in the network trading,the author starts with the legal basic concept of the network trading platform and clarifies the concept,characteristics,legal status and legal relationship with consumers of the network trading platform.Secondly,This paper uses the value analysis method and combines the relevant provisions of the Consumer Rights Protection Law and the E-Commerce Law of the People's Republic of China to deeply analyze the responsibilities and obligations of the online trading platform,besides,focusing on the issues of individual and joint liability of the online trading platform.Thirdly,the comparative analysis method is used in this paper to study and guide the legislative work of consumer-oriented,improving the legislative technology and linking up the relevant department laws in China with the relevant regulations on the responsibility of network trading platforms in Japan,Korea and Germany.Finally,based on China's national conditions,we can well learn from the relevant foreign laws and regulations,and explore the legal mechanism which is suitable for China's future development and construction from the aspects of compensation system,litigation channels,burden of proof and so on.It is an unavoidable problem to clarify the legal responsibility of consumer protection on the Internet trading platform under the background of the rapid development of the Internet economy.On the one hand,it can provide reference and assistance for academic research on legal liability of online trading platform,so as to well guide the relevant legislative work in China.On the other hand,by perfecting the obligations of the network trading platform,specifying and defining the responsibilities of the network trading platform,restraining the legal acts of the network trading platform,and better maintaining the relationship between consumers and the network trading platform,we can further build a country ruled by law.Therefore,this paper summarizes the relevant legal provisions on the regulation of online transactions in China,and clarifies the responsibility of online trading platform as well as resolves outstanding problems in online trading disputes through the combination of relevant cases encountered in reality so as to promote the protection of consumers' rights and interests,and further promote the sustainable development of online shopping market in China.