网络平台提供者的附条件不真正连带责任与部分连带责任

Online Trading Provider: Its True Joint and Several Liability with Attached Conditions and Partial Joint and Several Liability

网络交易平台提供者、网店的销售者或者服务者利用该平台侵害消费者权益时,在具备不能提供销售者或者服务者的真实名称、地址和有效联系方式的条件的,应当承担附条件不真正连带责任。网络媒介平台在被侵权人行使通知权利后,未及时采取必要措施的,对于造成的损害扩大部分承担部分连带责任。承担附条件的不真正连带责任的行为是竞合的侵权行为或者违约行为,其中的从行为人例如网络交易平台提供者承担不真正连带责任必须具备法律规定的必要条件,否则不承担责任。网络媒介平台提供者承担部分连带责任,与典型的连带责任有所区别,是仅就同一损害中的因未履行法定义务所造成的扩大部分的损害承担连带责任,其余部分由侵权的网络用户单独承担赔偿责任。

When online trading plattorm providers, the Intemet salesmen or service providers use the platform infringe on the interests of consumers unable to provide the seller or service provider＇s real name, address and sufficient contact de- tails shall bear untrue joint and several liability with attached conditions. Internet platform providers have received the noti- fication from the infringee fail to take the necessary measures in time shall bear joint and several liability for the expanded damage. Taking the joint and several liability with attached conditions is concurrence or breach of contract, for example, as a secondary person, online trading platform providers take the joint and several liability must have the necessary conditions prescribed by law, otherwise they will not. Internet platform providers bear partial joint and several liability which is dis- tinct from typical joint and several liability only for their failing to take the action requested by law. They will only bear the expanded damage they cause, and the rest liability is to be assumed by relevant online service users.