Analysis On The Security Responsibility Of The E-commerce Platform In Article 38 Of The E-commerce Law

Article 38 of the E-commerce Law clarifies that the e-commerce platform should bear the responsibility of breaching the security guarantee obligation,but the clause has gone through the "joint liability" to the "additional responsibility" to the"responsible responsibility" in the legislative process.Coupled with repeated safety incidents,have provoked the nerves of all parties,and discussed the different forms of responsibility for the e-commerce platform in terms of goods and services related to consumers' health and health.In view of the controversial focus,the theory of German communication obligations and the trend of strengthening the platform obligations of the Anglo-American legal system and the civil law system are studied by means of comparative analysis.The e-commerce platform is the opener of the communication obligation.The e-commerce platform can be regarded as the infringement of China.Article 37 of the Liability Act is an extension of the subject of obligations.In the way of combining the old law with the new law,the principle of liability for fault liability should be determined for the e-commerce platform,and the standard of good managers should be adopted when judging whether the e-commerce platform violates the security obligation.Combining the traditional infringement system of joint infringement and separate infringement in China,focusing on the types of infringements and legal liability forms of e-commerce platform in violation of security obligations,it is determined that Article 38,paragraph 1,of the E-commerce Law is an e-commerce platform and platform operation.Those who constitute joint infringements due to the existence of common faults in the cause of damage expansion shall bear joint and several liability.In accordance with Article 38,paragraph 2 of the E-commerce Law,since consumers' life and health are in a higher legal protection position,the e-commerce platform should be aware of the unknown dangers in the goods or services that are related to the rights.The extent to which it should be done requires a comprehensive duty of care before and after the event.If the comprehensive obligation is violated,it is a separate infringement that constitutes an inexplicable contact with the operator in the platform.However,in view of the fact that there is a certain confusion between the supplementary liability and the liability according to the respective infringement behaviors,the e-commerce platform's breach of the security obligation shall be subject to the corresponding supplementary liability as the subjective intention of the operator in the platform as the third party,and the subjective negligence of the e-commerce platform.Case.In addition,it is certain that the e-commerce platform should have the right to recover third parties because it plays only a minor role in its infringement cases.In view of the disputes that cannot be completely solved at present,the paper analyzes the thinking of relevant cases in the future judicial practice,and proposes to make it clear by typical cases or judicial interpretation.Since the duty of care is of great significance in judging whether the e-commerce platform should assume security responsibility,it is proposed to conduct pre-examination,supervision in the event to assist afterwards to refine the duty of care for goods and services involving consumers' health and safety.Finally,considering that the operators in the platform often cannot compensate,it is recommended to use the platform to promote the liability insurance to the operators in the platform so that the victims' rights and interests can receive timely relief.