Research On Legal Liability Of E-commerce Platform Operators

The pace of e-commerce development with the rapid development of the Internet economy,but because the national supervision of new things often lag behind,coupled with the large volume of e-commerce transactions,e-commerce subjects are often because of unclear transaction information,improper performance of obligations,unclear division of responsibilities and other reasons.Until the enactment of the Electronic Commerce Law,the above problems have finally been regulated by a separate law.But in practice there are still many problems that can not be fully covered by legal provisions,and in view of this,the main object of this paper is the responsibility of e-commerce platform operators.The full text is divided into four parts to study the responsibility of e-commerce platform operators.First of all,through the concept analysis of e-commerce platform operators and e-commerce operators related concepts to make a clear subject identity,and on this basis through a comparative summary of the relevant concepts of e-commerce operator responsibility,and then according to the provisions of the e-commerce law,summed up several types of liability stipulated in the law,and analysis of its composition,put forward the shortcomings in practical application.Secondly,by means of comparative analysis,using the principle of interpretation as a link,this paper analyzes the characteristics of the new law in the legislative process,and how it affects each subject of e-commerce,and provides theoretical support for the countermeasures put forward in the following paper.Then,according to the viewpoint of the identification of liability type in economic law,according to the department law attribute of the legal relationship when the legal subject assumes responsibility is the basis of dividing its liability type,and with the help of the viewpoint of independent liability in economic law,the legal liability of the operator of e-commerce platform is comprehensively evaluated from the standpoint of concrete analysis of specific problems.This paper analyzes the necessity and legitimacy of the legal liability of e-commerce platform operators,and puts forward a series of suggestions to improve the supervision of modulation subjects.Analysis of e-commerce platform operators legal responsibilities to the economic law the necessity and legitimacy of rules and regulations,and in combination with three concrete cases,put forward electronic commerce operator is facing three main types of disputes,in the three different types of disputes,the platform operator's behavior when the accountability for the results of the practice of handling the dispute,each kind of dispute solution path,or academic attitude is how,the author also put forward their own views.Finally,by collecting and sorting out the relevant case information and reading the suggested papers related to e-commerce,this paper puts forward the difficulties faced by the operators of e-commerce platform in responsibility undertaking and the obstacles to the clear responsibility undertaking of the operators of e-commerce platform in the individual chaos of e-commerce.Combined with the relevant theories of consumer protection and the framework of economic law regulation,this paper proposes corresponding countermeasures against these difficulties and obstacles.