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Research On The Civil Legal Liability System Of E-commerce Platforms In My Country

Posted on:2021-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:J W WangFull Text:PDF
GTID:2516306095492354Subject:Economic Law
Abstract/Summary:PDF Full Text Request
At present,China's e-commerce transaction users and sales are huge,and the fission industry is developing rapidly.The e-commerce industry has gradually become a key growth point of China's economic development.However,with the rapid development of the e-commerce industry,the inevitable problems in its development have followed one after another.There are many problems in China's e-commerce platform liability determination and accountability system.Since the boom of the e-commerce industry and the promulgation of the E-Commerce Law,many experts and scholars in economic law in China have discussed and studied the legal theory and judicial practice of the liability system of the e-commerce platform.The "E-commerce Law" provides the basis for the judicial practice's determination and reference.This article first makes some analysis of the current development status of China's e-commerce platform.In general,China's e-commerce industry,as a new important growth point of China's economy,has a variety of characteristics and huge total transaction volume.However,under this condition,there are many problems in the inevitable e-commerce platform transactions.The e-commerce platform's responsibility cannot be clearly identified as one of the problems due to the backward system.In this article,the situation that the platform needs to bear responsibility is divided into the subjective intention of the platform operator.Infringement causes damage to consumer rights and subjective negligence,and discusses the differences between the two situations and their responsibilities.In addition,the analysis of the liability system of foreign e-commerce platforms is analyzed.It is believed that China can learn from foreign countries to adhere to the principle of equity of interests when the relevant system is stipulated.The platform must bear the responsibility and obligations that match the profits while obtaining profits.The neutral status of the transaction is not inclined to either the consumer or the merchant.In addition,it is necessary to prevent abuse of power by consumers and third parties,and set strict notification system requirements.By drawing on foreign excellent experience andanalyzing the situation of China's e-commerce platform,the author starts from two aspects of legislative suggestions and judicial system suggestions,and proposes perfect measures with certain reference value.Of course,China's e-commerce platform's civil legal liability system investigation issues and comprehensive measures are not limited to the several aspects mentioned in the article.More problems and countermeasures and measures need to be carried out in long-term judicial practice and accountability and identification.Continuously discovered and resolved in the process.
Keywords/Search Tags:e-commerce platform, e-commerce platform merchant, e-commerce infringement, platform operator
PDF Full Text Request
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