論網(wǎng)絡(luò)交易平臺提供商的法律責(zé)任.pdf

1、對外經(jīng)濟(jì)貿(mào)易大學(xué)碩士學(xué)位論文論網(wǎng)絡(luò)交易平臺提供商的法律責(zé)任姓名：王溯申請學(xué)位級別：碩士專業(yè)：法律碩士指導(dǎo)教師：黃勇2010-09Abstract Online transaction platform refers to the website or the network system which provides a trading place and related services for kinds of online tra

2、nsaction. It plays a indispensable role among all the parties participating online transaction, as it were, the online transaction cannot exist without the online transaction platform. Online transaction platform is a co

3、nnecting link during the process of online transaction, which bonds all parties together, including sellers, buyers, third party payment platform, logistics and other service providers. As more and more online transactio

4、n platforms entered into the market, the online trading business developed a lot. Nevertheless, online transaction platform faces many legal problems because of its special position and the virtual identity ， which inclu

5、des electronic contracts, protection of consumer rights, security safety, etc., so gradually it is much more important to solve the legal problems, especially the legal liabilities of online transaction platform. Curren

6、tly, the legal environment in this field in China is not well organized. Online transaction platform always takes risks as its legal status is not clear. Many legists have discussed and analyzed the legal status and lega

7、l liabilities of online transaction platform, thus various theories have come up. However, as online trading business has been developed quickly and the technique of online transaction platform has been improved, the old

8、 theories are not applicable to that new business model. This article will start from analyzing the business model of online transaction platforms and the legal relationship among the parties, making use of the current

9、legal theories and laws and regulations, and combining the business standards made by those popular online transaction platforms, so as to draw an outline of the legal status and the legal liabilities of online transacti

10、on platform. The business model of online transaction platform and the legal relationships among the participants of online trading will be introduced briefly at first in the article, which is the basis of analyzing the

11、legal liabilities. As mentioned above, the procedure of online trading and the role of online transaction platform are not the same with before, the author then discusses about the old theories which are considered inapp