Research On Tort Liability Of E-commerce Platform Operators

With the rapid development of e-commerce industry in recent years,the traditional trading market has been gradually replaced by the network exchange,which has caused a lot of network trading infringement disputes.On January 1,2019,the e-commerce law was formally implemented,which provides detailed provisions on the obligations and responsibilities of platform operators and operators within the platform,and becomes the direct basis for the determination of tort liability of e-commerce platform operators in e-commerce transactions.However,with the emergence of "social e-commerce",the definition of e-commerce platform operators tends to be vague.The tort liability of e-commerce platform operators stipulated in the written form of the e-commerce law is scattered in several articles without systematic generalization and arrangement,and the content of the provisions is relatively general,which leads to poor applicability and operability in practice.This paper,from the perspective of "e-commerce law",combined with the second paragraph of article 9,analyzes the concept of e-commerce platform operators,and grasps the definition of the main body of e-commerce platform operators from four aspects.Combined with the constitutive elements of tort liability in tort law,the common tort behaviors of e-commerce platform operators are summarized into three types.The corresponding tort liability types and modes are summarized as:conditional joint liability,joint liability,partial joint liability and corresponding liability.Finally,the author puts forward some Suggestions on the improvement of tort liability system of e-commerce platform operators in order to provide reference for practice.