Research On Civil Liability Of Network Trading Platform Operator

With the rise of the Internet economy and the popularity of the network,people’s attention has been attracted by online trading,and various online trading platforms have emerged as The Times demand,such as Taobao,Jingdong,netease Kaala,Meituan,Dianping,etc.According to the 45th survey results of CNNIC,as of March 2020,the scale of Chinese people’s shopping on online platforms has reached 710 million.Different from traditional transactions,online transactions are new forms of business,and new things often bring new legal problems.Problems such as online selling and adulterating counterfeits have become common.The particularity of online transactions increases the risks of both parties,especially the risks of online consumers.Taking the online consumer rights protection as the starting point,this paper clarifies the different legal relationships in online transactions from the perspective of legal principles,studies the obligations and responsibilities that operators of online trading platforms should undertake,and combines the difficulties encountered in online consumer rights protection in practice,so as to put forward corresponding solutions.This paper has five parts.The first part is the introduction,which elaborates the research background and other issues of the paper.The second part is an overview of the basic legal theories of network trading platform operators,wh ich mainly defines the concept and legal status of network trading platform operators from the legal point of view.As the third party of network trading platform operators,network trading platform operators do not directly participate in the network trading between buyers and sellers.The third part discusses the civil obligations of the network trading platform operators,including the obligations arising from the legal provisions and the obligations arising from the contract agreement,as well as the civil responsibilities that the network trading platform operators should undertake under the various obligations.The fourth part is the existing problems of online consumers’ rights protection in online transaction disputes.It analyzes th e existing problems of online consumers’ rights protection in China from three aspects:the types of online transaction disputes,the responsibilities of online transaction platform operators and the objective obstacles of online consumers’ rights protection.Being based on the aforementioned difficulties and problems,the fifth part put forward suggestions to promote the civil liability system of network trading platform operators,including legislative suggestions and practical suggestions.It is hoped that the author’s article can provide help for online consumer rights protection and online trading platform operators in the future,so as to make a modest contribution to the vigorous development of online trading in China.