Research On The Legal Regulations Of Online Trading Platforms For Selling Fake

The rapid development of online transactions has led to the emergence of various online trading platforms.The online trading platform makes people shopping more convenient,fast and efficient.At the same time,due to the wide range of transaction subjects involved in the online trading platform and the high degree of concealment,the information between the seller and consumers is seriously asymmetric,and the problem of counterfeit sales in the platform has also become more and more serious,online trading platforms such as Taobao and Pinduoduo have once become the hardest hit by the proliferation of counterfeit goods.The sale of fakes in the online trading platform will not only seriously damage the legitimate rights and interests of consumers,but also affect the normal operating activities of the online trading platform.At present,although China has introduced many laws and regulations to govern the sale of fakes and regulate the order of online transactions,some regulations fail to meet the needs of the rapid development of online transactions,and there are situations where they are not applicable or insufficient.Therefore,researching this issue will not only help to enrich the relevant research theories governing the sale of fake transactions on the online trading platform,but also increase the academic attention to the fake sales on the online trading platform.It will also help protect the rights of consumers and infringed companies and maintain a good network,and making online transactions healthy and sustainable development.This paper is divided into four parts except the epilogue and conclusion:The first part is an overview of online trading platform selling fakes.This part mainly discusses the definition and types of online trading platforms and the three parties in the online trading platform,as well as the types and characteristics of fake selling behaviors in the online trading platform,and analyzes the causes of the fake trading behaviors of the online trading platform.The second part is the status of the legal regulations and the insufficiency on the counterfeiting behavior of China’s online trading platform.This part firstly researches the current legal regulations of selling fakes in China’s online trading platforms from the aspects of the legal responsibility of the operators in the online trading platform for selling fakes,the legal liability of the platform operators,the quality supervision of the online trading products,and the protection of the rights and interests of consumers on the online trading platform.Afterwards,the deficiencies of the existing legal regulations were pointed out from three aspects: the vague legal provisions of network trading platform operator,the imperfection of the product quality supervision system,and the incomplete legal remedies for selling fake torts.The third part mainly introduces the legal regulation of foreign online trading platform for selling fakes and its reference.By studying the experience of United States of America,the EU and Japan in the regulation of online trading platforms for counterfeiting,it summarizes the enlightenment to China from the following four aspects: perfect legislative guarantee,comprehensive and effective supervision,standardized online dispute resolution mechanism.The fourth part mainly introduces the suggestions for perfecting the legal regulations of online trading platform for selling fakes.The content of this part is mainly based on the combination of extraterritorial experience and inadequate legal regulations in China.It mainly puts forward suggestions on clarifying the legal responsibilities of network trading platform operator,improving the quality supervision system of online trading platforms,and improving the legal remedies for counterfeiting and infringement of online trading platforms.