Research On Civil Liability Of Product Crowdfunding

In recent years,crowdfunding has become a new term in the Internet and financial circles.It releases crowdfunding projects through crowdfunding platforms and raises funds to achieve project success.Product crowdfunding is one of the four types of crowdfunding,with products and services as the main projects.In the process of product crowd-funding,the product crowd-funding platform serves as a bridge between the initiators and investors.The crowd-funding platform facilitates the initiators to publicize product projects and provide investors with favorable conditions to support projects.In the end,the initiators can complete the project plan and the investors can get corresponding returns.Product crowdfunding has experienced 8 years of development since it entered China in 2011.In 2017,it has successfully raised 9.743 billion yuan.Although product crowdfunding in China is still in its infancy,it has achieved a large scale.About products the raised platform in the product is the activity of raising how the legal status of the product all the raise as part of any contract between the parties subject type,rights and obligations should be how to understand,how to take responsibility,after the default product the raised platform what behavior will make its tort liability subject and how to divide infringement responsibility? As for these problems,the research methods of this paper are mainly empirical analysis and comparative analysis,and take crowd-funding platforms such as jd crowd-funding,taobao crowd-funding and suning crowd-funding as examples.Through comparative analysis of relevant legal provisions,this paper takes the contract law and tort law of civil law as the perspective to regulate the development of product crowdfunding in China.This paper consists of five parts:The first part is an overview of product crowdfunding.Firstly,the connotation and development status of product crowdfunding are introduced.Secondly,the operation mode of product crowdfunding is analyzed.Finally,the classification of product crowdfunding platforms is sorted out.The second part analyzes the contractual relationship,rights and obligations between the subjects of product crowdfunding.Firstly,through empirical analysis and comparative analysis,the types of special contractual relationships between the parties are determined.Secondly,the rights and obligations of the parties are sorted out according to the obtained contractual relationships and the characteristics of product crowdfundingThe third part firstly analyzes the possible default forms of the tripartite subjects in product crowdfunding,then analyzes the corresponding liability bearing methods according to different default forms,and finally summarizes the exemption reasons of the default liability of the tripartite subjectsThe fourth part mainly analyzes the tort liability of typical product crowdfunding platforms.Firstly,it analyzes the principle of liability attribution,components and exemption reasons applicable to the product crowdfunding platform.Secondly,it analyzes the tort liability form of the product crowdfunding platform.Finally,it analyzes the tort liability mode of the product crowdfunding platform.The fifth part is the summary of this paper,which is divided into two parts: the contract law and the tort liability law.In a word,this paper mainly adopts the empirical analysis method and comparative analysis method to study,from the two perspectives of liability for breach of contract and liability for infringement as the entry point,in an attempt to improve the relevant provisions,solve the ambiguous problem of liability for breach of contract and liability for infringement in product crowdfunding,and provide a better civil law regulatory system for product crowdfunding.