Research On The Identification Of Tort Liability Of Online Trading Platform Providers Of Second-hand Idle Articles

With the acceleration of economic development,people's demand for materials has been increasingly satisfied and even surplus has emerged.Compared with the previous situation,the idle rate of inventory items in the hands of individuals has been greatly increased,so there are a lot of idle items that can be put back into the market.In addition,with the rapid development of science and technology,the trading concept and consumption pattern of modern people have changed greatly,and the trading market of second-hand idle goods has developed and flourished.Second-hand deal was supposed to make secondary use of the resources,to maximize the resource utilization,but the secondary trading network platform provider is no clear rules to trading on the platform for screening and identification of operators and consumers,resulting in some actual as the operator user use second-hand network trading platform for business activities,to evade the consumers' rights and interests protection act and the act of e-commerce on the operator's requirements and restrictions,so much so that some consumers in product quality problems in the process of can't get the corresponding legal protection,and the secondary custodian of the network trading platform providers as a platform,Whether there is an obligation to create a good trading environment,if only to provide a platform without management,can not let the platform play the biggest role,but lead to some unreasonable and illegal situation,then for the second-hand idle trading this huge market is undoubtedly a huge roadblock;Whether second-hand online trading platforms should take responsibility for these phenomena has aroused heated debate.There are many kinds of online platforms.This paper discusses the second-hand idle online trading platform(for example,xianyu),which provides a matchmaking mode.However,the span of law enforcement laws between online platforms is too large,which leads to the unsatisfactory governance of second-hand platforms.Therefore,this paper analyzes the rationality of the tort liability of the network platform providers stipulated by the existing laws through the analysis of the emerging new network transaction mode.The first part of this paper introduces three typical cases and judgments and summarizes the focus issues: the judgment on whether the users on the second-hand online trading platform are operators leads to the problem of different judgments on the same case,and as the intermediary of trading behavior,whether the provider of second-hand online trading platform should bear civil liability.The second part analyzes the key issues of the case,defines and classifies the legal status of the second-hand online trading platform,and sorts out the relevant legal relationships of the second-hand idle online trading platform in the infringement by providing the matchmaking mode.The third part make the conclusion and enlightenment of case studies,summarizes the full text core problem,points out that the research on dealmaking model of second-hand idle Internet trading platform provider responsibility,thus effectively safeguard the legitimate rights and interests of second-hand network platform consumers.