On Civil Liability Of Online Transaction Platform Providers

With the development of network technology, there is a new shopping way based on the traditional shopping way—Online Transaction Platform Providers provide the parties online transaction platform and services and the transaction will be completed automatically, this kind of shopping way has become new growth point of the social consumption. However, on the trading platform, Online Transaction Platform Providers may infringe the civil rights of network user or the third party directly or indirectly. Therefore, it is very important to determine Online Transaction Platform Providers'civil legal responsibility for regulating and promoting trading activity. Tort Liability Law regulates the fault liability principle for Online Transaction Platform Providers. But it doesn't regulate the content, form of inform, infringement, the judgment standard of knowing. The paper researches Online Transaction Platform Providers'legal status, analyzes Tort Liability Law, and then gives some suggestions, in order to develop Online Transaction Platform Providers civil legal liability system.This paper is divided into four parts, the first part is the overview of Online Transaction Platform Providers. From the Online Transaction Platform Providers meaning, The author introduces the online transaction platform's operation pattern with the example of taobao.com, the legal status of Online Transaction Platform Providers, analyzes three views of Online Transaction Platform Providers'legal status, and then introduces author's view.The second part is about the tort liability principle and elements of Online Transaction Platform Providers. It discusses the principle of no-fault liability and the principle of fault liability, obligations of prior review, the principle of fault liability applied to Online Transaction Platform Providers, the elements of infringement, the specific circumstances of direct and indirect infringement.The third part is about "notice" and "know" clauses of Tort Liability Law. It mainly discusses the necessity of establishing the notice's condition, content and form of notice, as well as the meanings, judgment standard of know and the duty of care.The fourth part is about the perfection of Online Transaction Platform Providers'civil legal liability system. It mainly discusses the present situation and the main problems of Online Transaction Platform Providers'civil legal liability system in China, and the suggestions about establishment and improvement of Online Transaction Platform Providers'civil liability system.