Research On The Liability Of Network Selling Fake From The Perspective Of E-Commerce Law

Driven by the increasingly mature Internet technology,the Internet trading platform continues to grow,making e-commerce shopping more convenient and greatly changing people’s shopping way and lifestyle,but at the same time,the phenomenon of illegal merchants selling fake goods on the Internet occurs frequently,and this problem has not been completely solved.In the long run,the development of e-commerce will be greatly hindered.Because of the virtual nature of network transactions,when the rights and interests of consumers are infringed,because they can not understand the relevant information of specific infringers,it affects consumers to protect their legitimate rights and interests in time,which reveals that the examination of the qualification of operators in the platform by e-commerce platform has not reached a higher standard.In the network fake goods transaction,which subject should bear the responsibility in the end,is the urgent need to solve the problem,is also the basis to crack down on the network sale fake behavior.For a long time,because our country has not formulated the special law on standardizing the e-commerce operation activity,the supervision and management of the e-commerce platform is insufficient,in the e-commerce dispute,the responsibility division between the e-commerce platform operator and the business within the platform is relatively vague.Therefore,the promulgation of the Electronic Commerce Law is of great significance,bringing the main models and forms of electronic commerce into the scope of adjustment,making clear provisions on the responsibilities of the operators of the ecommerce platform and the operators within the platform,providing a legal basis for managing the problem of online selling fake goods,protecting the legitimate rights and interests of participants in online trading activities,and promoting the healthy development of electronic commerce.This paper is divided into five parts to discuss and study.The first part mainly summarizes related theories about the domestic and foreign literature in dealing with e-commerce platform selling fake.The second part expounds the relevant provisions of the Electronic Commerce Law on the responsibility of operators and operators of e-commerce platforms and other relevant laws.The third part through Taobao v.Yao Ying service contract dispute case,Lang v.Zhejiang Taobao Network Co.,Ltd.network service contract dispute case,Zou v.Liao online shopping contract dispute case,Du v.Xu product responsibility dispute case,Yi Nian v.Taobaoand Du infringement trademark exclusive rights case research and analysis,and then summarized these cases.The fourth part,through the comparative research method,compares the measures of cross-border e-commerce Alibaba and Amazon in dealing with online selling fake,summarizes the results of fighting fake on the two platforms,and provides a reference experience for the future e-commerce platform to deal with online selling fake problems.In the last part,according to the Electronic Commerce Law,from the point of view of perfecting the auditing system of the operators in the platform,establishing and perfecting the credit evaluation system,clarifying the obligation of the e-commerce platform to protect the intellectual property rights,and strengthening the cooperation between the platform operators and the intellectual property owners and other relevant parties,the author puts forward some relevant suggestions on the development of the e-commerce platform in the aspect of the compliance application of the law.