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On the C2C e-commerce transaction platform provider liability

Author: TanYingHong
Tutor: MaZhongFa
School: Fudan University
Course: Legal
Keywords: C2C Taobao Platform providers Legal Orientation Liability
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 339
Quote: 1
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Abstract


The rapid development of e-commerce, online shopping popular in China in recent years, while most of the most outstanding C2C electronic transactions. In the rapid development of C2C electronic transaction process, due to consumer rights infringement, intellectual property infringement, lack of protection of personal privacy and other risks exist, which caused the number of disputes is also growing. Therefore C2C electronic transactions involving the legal issues gaining more and more attention and research, including electronic trading on the C2C trading platform provider of legal nature. Based on the results of domestic scholars say that the seller or joint venturers, intermediaries, say, say rental counters and other theories to analyze the legal nature of that platform providers similar to traditional counter lessor, but not exactly the same. In identifying the legal nature of the platform providers, the paper counters the lessor from the network perspective to examine the case Taobao platform provider in their service agreements between users of the service obligations, such as authenticating users, storing information and data, protect user privacy. Subsequently, the paper analyzed the development of e-commerce platform provider liability involved since the national laws, regulations, industry standards and some typical local norms and learn from the United States, European Union, Japan and other countries related legislative situation, the proposed platform Providers in legitimate business, a smooth and orderly operation, goods and information, and other regulatory legal responsibility, allowing users to suffer losses should also be on its breach of contract or infringement civil liability. Current domestic legislation on platform provider of e-commerce development lags behind, there is not perfect and difficult to operate in practice and other issues, but with a comprehensive e-commerce platform providers such laws to regulate the liability of participants, both solutions C2C electronic transaction disputes the urgent needs, but also the long-term development of electronic commerce needs. Finally, this article suggests e-commerce legislation should follow the international practice, but can not copy from the analysis of the domestic situation should meet the conditions after the draw advanced experience, and make preparations for gradual improvement in the implementation of management to make it operate under the premise sex, but also to do with the network technology, to maintain a certain forward-looking. The introduction of e-commerce legal norms will be promptly C2C trading market, to promote the smooth development of e-commerce.

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