Study On The Corresponding Responsibilities Of E-commerce Platform Operators Focusing On "E-commerce Law” Article 38,Paragraph 2

Article 38,paragraph 2,of the E-Commerce Law stipulates that “the goods or services that are related to the life and health of consumers,the e-commerce platform operators are not fulfilling the auditing qualifications for the qualifications of the operators in the platform,or the consumers are not fulfilled.If the security guarantee obligations cause damage to consumers,they shall bear corresponding responsibilities according to law." For the provisions of this paragraph,the subjective fault of the e-commerce platform operator is an unfulfilled audit obligation or a security guarantee obligation.This is the responsibility in advance.The form of liability is The corresponding responsibility.The Tort Liability Law stipulates that the form of liability of the infringing entity mainly includes joint liability,supplementary liability and responsibility according to the law.However,the “responsibility of responsibility” for the platform operators is controversial in both academic and practical circles: First,“responsible responsibility” " In theory,what kind of responsibility is the joint responsibility or the supplementary responsibility;the second is how the clause should be applied in judicial practice.The “responsible responsibility” undertaken by the operators of e-commerce platforms is neither joint liability nor supplementary responsibility.First of all,through the analysis of the joint liability based on the common infringement theory,it is not justified to identify the "corresponding responsibility" as joint and several liability from both theoretical and practical perspectives.Secondly,through the discussion of the application dilemma of supplementary responsibility,it is considered that the responsibility of the platform operator to assume the "responsible responsibility" is a supplementary responsibility,which will be contrary to the concept of fairness and justice.Finally,by analyzing the complexity and difference of the legal relationship behind the business models of different types of platform operators,it is considered that “responsible responsibility” is not a static type of responsibility,but dynamic and constantly changing,along with the e-commerce platform.The type of operator varies,or the nature of the goods or services provided varies.From the perspective of civil liability,the corresponding responsibility includes multiple responsibilities,such as joint liability,supplementary liability,and liability.It even goes beyond the scope of civil liability,including civil liability as well as administrative liability and criminal liability.In practice,the e-commerce platform operators have not fulfilled the qualification qualification review obligations and the security protection obligations for consumers.In order to solve the applicable dilemma of “responsible responsibility”,it is necessary to follow the “principle of specific case-solving” and establish a type of analytical thinking,that is,to type the case involving the right to life and health of consumers,and to apply the applicable rules applicable to the corresponding responsibility.As an emerging market entity,e-commerce platform operators need to constantly improve their rights,obligations and responsibilities in legislative practice.The method of any responsibility is not a separate legal system,and only the interaction with other prescribed systems can achieve the best results.The same is true of the liability system in the E-commerce Law.To optimize its liability system,it needs to be based on internal platform governance and supplemented by external public rights,and has reached the goal of “cooperative” governance platform.