The Safety Assurance Obligation Of E-commerce Platform

Under the prospect of rapid development of e-commerce,e-commerce platforms play an increasingly important role in people's lives.However,with the further complication and "publicization" of e-commerce platforms,the boundaries of rights and obligations between e-commerce platforms and users of ordinary e-commerce platforms have become increasingly blurred.According to the second paragraph of Article 38 of the "Electronic Commerce Law of the People's Republic of China" : "For goods or services that are related to the life and health of consumers,the operators of e-commerce platforms have not fulfilled their auditing obligations for the qualifications of operators within the platform.Or if consumers fail to fulfill their security obligations and cause damage to consumers,they shall bear corresponding responsibilities according to law." However,this article does not clarify the connotation of the security guarantee obligations of e-commerce platforms and how e-commerce platforms should assume security obligations.Because people violate the behavior patterns stipulated by legal obligations,that is,violation of obligations,is a common reason for legal liability.That is,the rules for determining the responsibility of an e-commerce platform are the rules for judging its obligations.Therefore,the scope of the security assurance obligations of the e-commerce platform is determined to determine the only path to determine the e-commerce platform in the event of infringement or other legal disputes.Based on the nature of security obligations,this paper compares with the contractual obligations,transaction security obligations and general attention obligations,and combines the experience of judicial practice in China for many years to try to construct the connotation of security guarantee obligations and determine The responsibility of the e-commerce platform to violate security obligations.In addition to the introduction and conclusion,the text of this article is divided into six parts.The first chapter of the text first outlines what is an e-commerce platform,and focuses on the nature and characteristics of the platform.After that,this paper introduces the concept of e-commerce platform to change the legislation in our country to determine the connotation of e-commerce platform.Secondly,this paper analyzes the types of e-commerce platforms based on the current practice of e-commerce platforms.Thirdly,based on the nature of security obligations,this paper briefly describes the four theories of the nature of security obligations,and outlines the development of security obligations of e-commerce platforms in legislation.The second chapter of the main text focuses on two parts.The first part is the internal driving force for the e-commerce platform to fulfill the security guarantee obligation.On the other hand,it introduces the three main theoretical sources of China's security guarantee obligations,namely the accompanying obligation and the transaction security obligation.And the general duty of care said.This paper deeply discusses the nature of the security guarantee obligation through the relevant legislation,the historical context of the theory,the establishment of the jurisprudence in the judiciary and the specific scope of application,and brings the characteristics of the e-commerce platform into the above theory for analysis.The connotation of the security guarantee obligation of the e-commerce platform.The third chapter of the main text mainly introduces the "safe harbor" system and its applicable situation.With reference to the exemption situation of information network service intermediaries,this paper attempts to set certain restrictions on the security guarantee obligations of e-commerce platforms,and avoids excessive responsibility affecting e-commerce platforms' development.The fourth chapter of the text determines the application of security assurance obligations from the perspective of practice by studying the cases of security guarantee obligations in China's judicial practice.This paper found 11 cases of the Supreme People's Court Communiqué on security obligations through search.After summarizing the above cases,this paper finds that the people's courts mainly determine the main body of the security guarantee obligation,determine the reasonable scope of the security guarantee obligation,and determine the causal relationship between the security guarantee obligation and the damage result and the damage compensation.The determination of the results is discussed in four aspects and a referee is made.In addition,this paper studies 209 cases in which consumers claim that the e-commerce platform assumes responsibility before the e-commerce law is introduced,in order to find out under what circumstances the electronic platform is judged to be faulty by the court to help define the e-commerce platform security guarantee obligations.The fifth chapter of the text puts forward the connotation of the security guarantee obligation after combining the above theoretical basis and judicial practice.The services provided by the e-commerce platform mainly consist of two parts,namely information service and transaction assistance.Information services mainly refer to the services provided by e-commerce to provide information intermediaries;transaction assistance refers to the transaction process designed by e-commerce platforms for the realization of electronic transactions.Based on the above two parts of the service content,the e-commerce platform should mainly undertake three aspects of obligations,mainly the risk prevention obligation,the risk elimination obligation and the after-the-fact rescue obligation.The sixth chapter of the main text mainly demonstrates the scope and form of liability for breach of security obligations.Judging from the above judicial practice and case analysis,in terms of transaction security guarantee obligations,the e-commerce platform should be more appropriate to supplement the liability for compensation in line with its fault,and should not distinguish that the damage is a violation of the user's personal or property rights.The loss caused by infringement of transaction security can be roughly divided into two parts: one is the loss of inherent property,such as the fee and price paid by the transaction party for the conclusion and performance of the contract when the contract concluded based on false information or wrong information is invalid or invalid.Loss,etc.;part of the loss of expected benefits,that is,if the contract fully fulfills the loss of the benefits that the counterparty can obtain.In general,the security obligation should only be related to the loss of inherent property,even if the loss of inherent property is a purely economic loss.