Research On Legal Issues Of Network Transaction Platform Providers

Nowadays,e-commerce is in a new era of vigorous development,more and more economic activities have begun to rely on e-commerce development,its deep integration with the real economy has brought profound impact to our production and lifestyle.The network transaction platform,as the "nervus centralis" and "infrastructure" of e-commerce has become increasingly important.The platform,which is the carrier of network transaction,belongs to technical virtual platform in essence,and the real undertakers of rights and obligations are the legal persons or unincorporated organizations that use technical means to build the platform.In this article,they are referred to as "network transaction platform providers".First,the understanding of it begins with its concept and summarizes its remarkable characteristics.Secondly,it analyzes several different views on its legal status,and clarifies that this paper supports the definition of the legal status of network transaction platform provider as a new type of transaction intermediary.Then,considering that the roles of the providers are different in diverse legal relationships,the corresponding rights and obligations would also be different.This paper also sorts out the relevant laws and regulations,collects the current platform service contracts used by e-commerce companies such as Taobao and Jingdong,and makes a comprehensive discussion on the rights and obligations of network transaction platform providers,especially its statutory and contractual obligations.As for its close relationship with the protection of consumers’ rights and interests,the discussion is also carried from the perspective of judicial practice,the system of rights and obligations is displayed to readers by vivid case comparison.Finally,the legal liability of network transaction platform providers is the "teeth" of realizing power and fulfilling obligations.Without the guarantee of legal liability,rights and obligations would be nothing.Therefore,this paper makes a comprehensive discussion of the civil,administrative and criminal liabilities.