Research On The Regulatory Obligation Of E-commerce Transaction Platform Operator

The regulatory obligation is general term of supervision,examination,restriction,management and other obligations undertaken by the e-commerce transaction operator as a market entity and participant of e-commerce social governance towards the platform operator and its transaction activities based on self-governance principle,which is different from governmental regulatory obligation according to administrative law.The relevant theme will be explored through five parts of this thesis.Firstly,this thesis will introduce a tort case,which is about an obligee sues an e-commerce transaction platform operator Taobao Corporation,and thus provoke an issue: Once an obligee gets fakes,does Taobao Corporation bear the compensation liability?Secondly,the legal nature of the platform is deemed as virtual market transaction operator in this thesis,and thus the legal basis of e-commerce transaction platform to undertake the regulatory obligation is defined,including theoretic basis and practical basis.The theoretic basis covers theories of the income and risk consistency,risk control,maximum profit and safety guarantee obligation.The practical basis will be revealed through studying the current legal rules,the platform supervision practice and self-regulate rules.Thirdly,the difference of regulatory obligation between the platform and the government shall be clear and definite.The platform shall undertake limited regulatory obligation within the foreseeable scope in a reasonable manner.Fourthly,the content and standards of identification of the regulatory obligation will be clarified,involving obligations for platform operator,the commodities or services information published on the platform,selling substandard or fake and inferior commodities regulatory obligations through the platform and intellectual property infringement or unfair competition.Finally,the civil liability that the platform shall bear in violation of the regulatory obligation will be explored,in such facets,the kind of regulatory obligation which will incur the liability,the negligence liability and no-fault liability in parallel and the situation in which will incur joint liability.This thesis will ascertain the details and standards of identification of the regulatory obligation,and propose legal suggestions by layers of analysis.