On The Civil Liability Of The Operator Of E-commerce Platform For Breach Of Security Obligation

By comparing the provisions on security obligations in the e-commerce law and the tort liability law,and discriminating and distinguishing the concepts of security obligations,security obligations and review obligations in the e-commerce law,it can be seen that the security obligations of e-commerce platforms are only for the "offline" security of consumers.Compared with the "offline" security obligations stipulated by the tort liability law for public place administrators and mass activity organizers,the fulfillment of security obligations of e-commerce platforms is mainly aimed at the "online" services provided by e-commerce platforms.Therefore,the fundamental purpose of the security obligations of e-commerce platforms is to ensure that the "online services" provided by e-commerce platforms can effectively protect consumers' "offline" lives,health and safety.In addition,the research on the subject of security obligations in the e-commerce law should be widely understood,that is,it should include operators who conduct business activities through self-built websites or other Internet service providers such as We Chat.The nature of the liability of the operator of the e-commerce platform for violating the security obligation is neither joint and several liability nor supplementary liability,but independent liability of the platform.The "corresponding liability" stipulated in the e-commerce law should be understood as the corresponding fault liability,that is,the "liability corresponding to the fault".On the premise of the principle of fault liability in tort liability law,the content and scope of security obligations of e-commerce platform operators in violation of security obligations should be clarified.Only when there is a causal relationship between the violation of security obligations and the damage caused,can the composition of the infringement be determined.Finally,we should strictly distinguish between the situations where the operators of e-commerce platforms fail to fulfill their security obligations to consumers and how to assume the tort liability for the harm to consumers' life and health,and assume different tort liability for different infringement situations.The responsibility of the operator of the e-commerce platform shall be finally confirmed according to the cause of the damage and the extent of the fault.In addition,this paper will also analyze how e-commerce platformoperators should improve the qualification examination and supervision of operators within the platform,including how to improve the liability insurance system so as to protect the legitimate rights and interests of consumers to a greater extent.