Study On Tort Liability Of The Third-party Internet Trading PLatform Provider

The third-party internet trading platform provider,as a new expression of the traditional business on the Internet domain,connects the buyers and sellers of online trading channel and reduces the transaction cost.But just like the colorful robes covering with lice,there are a lot of infringement disputes on the third-party internet trading platform.In these infringement,the uncertainty of the legal position of the third-party internet trading platform provider,the duties that that the third-party internet trading platform provider perform,the doctrine of liability fixation and the elements of being responsible for the infringement,they are the main point of the essay.In this paper,excepting the origin of the problem and the epilogue,this paper divide into six parts:The first part analyze the legal relationship of three participants-the platform provider、the consumer、the seller.The second part starts with analysis about relevant theories,survey the Administrative measures for online trading and Law on the protection of consumer rights and interests,and give a conclusion:we should discriminate different providers’respective legal positions according to their different modes of the third-party e-business platforms by analyzing relations between service sectors and trading sectors on the different operation modes of the third-party internet platforms.This third part analyzes the obligation that the third-party internet trading platform provider should bear including providing a neutral technical service、reasonable duty of care、protecting the consumer’s personal information、preventing the damage from expanding and helping the survey.In this paper,the writer think that the "reasonable duty of care" is the point of this research,for example,the reasonable criteria should vary with respect to platforms of differing operational mode.The more influential controlling power the platform renders over sellers and customers,the stricter the criteria should be set.In the fourth part,by the traditional binary system of imputation principle,the writer separates the principles suitable for the liability without negligence and liability for wrongs,by comparing the reasonable and the unreasonable part of each theory,the writer think that the liability for wrong is suitable for the third-party internet trading platform provider.Then in the fifth part,on the foundation of liability for wrong,this research study the general elements the third-party internet trading platform provider.By analyzing the operation of different platform provider,the writer think that the provision 36 of the Tort Liability Act,which is also called "knowledge provision",that the "known"standard vary with the influential controlling power the platform renders over sellers and customers.At the last part of this study mainly draws the perfection of the relative legislation in our nation.