Does Electricity Supplier Have Legal Liability For Sellers To Sell Their Platform?

At present, when the sellers use the electronic platform to sell fake goods, the legal liability provisions of the electricity suppliers are mainly reflected in the civil field, and there are no relevant laws and regulations in the administrative and criminal fields to regulate them. The civil field is mainly reflected in the following aspects:

　　 1. To the infringed party responsibility 。

China's "tort liability act" article thirty-sixth, paragraph second provides that Internet users implement network services. Tortious conduct The infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding, disconnecting links, etc. the network service provider fails to take the necessary measures promptly after receiving the notification, and is jointly and severally liable for the expanded part of the damage to the network user. The rule established in this paragraph is the "prompt rule". According to the provisions of this law, if an electric provider receives a notice of a seller's sales leave, he or she shall take necessary measures for selling the goods, otherwise he or she shall bear joint and several liability. Liability for compensation 。 However, it is also a difficult point for the infringed party to advocate enlargement of the damage.

　　 2. responsibilities to consumers.

In March 15, 2014, the consumer protection law, which was revised by the National People's Congress (NPC), was formally implemented. The forty-fourth provision stipulates that consumers who purchase goods or receive services through online trading platforms and whose legitimate rights and interests are damaged may demand compensation from sellers or service providers. If the provider of a network transaction platform can not provide the real name, address and effective contact method of the seller or the service provider, the consumer can also claim compensation from the provider of the network transaction platform; if the provider of the network transaction platform makes a more favorable commitment to the consumer, he shall make a commitment. After compensation is provided by the network transaction platform provider, it has the right to recover from the seller or the service provider. The provider of the network trading platform knows or should know that the seller or the service provider infringes the legitimate rights and interests of consumers by using his platform, and fails to take necessary measures, and shall be jointly and severally liable for the seller or the service provider according to law.

This provision stipulates the two obligations of the electricity supplier.

The first is the obligation of formal audit. The electricity supplier must examine the name, address and effective contact method of the seller or the service provider. Otherwise, when the consumers' rights and interests are damaged, the electricity supplier can not provide the above information and bear corresponding responsibilities. Two is a reasonable duty of care. The electricity supplier should do a reasonable duty of care. Otherwise, consumers can argue that the electricity supplier knows or should know that sellers or service providers use their platforms to encroach on the legitimate rights and interests of consumers, requiring the electricity supplier to bear joint liability. However, the application of the new consumer law requires consumers to provide evidence to prove that the electricity supplier fails to fulfill its corresponding obligations. This burden of proof is especially difficult for consumers to prove that they fail to fulfill their reasonable duty of care. Because the laws and regulations do not specify which cases belong to the electricity supplier knowing or should know that sellers sell fake goods and other infringing acts.

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With the explosive development of online shopping, there are many fake commodities on the sales platform of electronic commerce, which is criticized by all circles. This not only infringes the interests of trademark owners and other groups, but also violates the rights and interests of consumers. More importantly, it has cast a shadow on China's network trading integrity system. Trademark owners, consumers and media have been bidding for electricity providers. The electricity supplier also expressed wrongdoing, saying that the seller had no direct relationship with the platform itself. From the legal level to review, the electricity supplier on the seller's use of its platform selling behavior in the end whether there is monitoring obligations?

China's online shopping legislation is obviously lagging behind. So far, there are no specific laws and regulations regulating electronic transactions at the national level. The obligation to monitor and monitor the electricity supplier is not expressly stipulated in the law. It can only be scattered in departmental rules and regulatory documents. The more representative case is the Interim Regulations on the management of Internet commodity transactions and related services promulgated by the SAIC in 2010. The provisions of the measures are relatively perfect for online shopping, and the obligations and supervision and management of service providers have been stipulated. The third chapter specifically stipulates the obligations of operators providing network transaction platform services.

Among them, the twenty-third provision provides that operators who provide network trading platform services shall establish inspection and monitoring systems for operators or services that provide goods or services through the network trading platform, and find violations of laws, regulations and rules governing industrial and commercial administration. They shall report to the local administrative departments for Industry and commerce, take timely measures to stop them, and, if necessary, stop providing network transaction platform services to them. The administrative department for Industry and Commerce discovers that there are violations of laws, regulations and rules in the network trading platform, and that operators who provide network transaction platform services are required to take measures to stop them. Operators who provide network transaction platform services should cooperate with them.

The twenty-fourth provision provides that operators who provide network trading platform services shall take necessary measures to protect the rights of exclusive use of registered trademarks and the right of enterprise names, etc., and shall have the necessary evidence to prove that the operators in the online trading platform have the right to infringe upon their registered trademark rights, such as the right to exclusive use of their registered trademarks or the right to name their enterprises or to infringe upon their legitimate rights and interests.

According to the provisions of the two articles, the electricity supplier should establish the necessary fake monitoring system. However, these two articles are more like the obligation declarative clauses, because there are no clearer and operable clauses to clarify the specific obligations of the electricity suppliers, and more importantly, there is no corresponding legal responsibility for these two articles. It seems that the electricity supplier's supervision duty on selling holiday is more like an armchair strategist.