Explanation Of "corresponding Responsibilities" Of E-commerce Platform Operators

The promulgation and implementation of the "E-Commerce Law" has contributed to regulating e-commerce behavior,protecting the rights and interests of all parties,and maintaining the order of the e-commerce market.However,in practice,it still faces difficulties in the application of some provisions.Among them,the dispute over the interpretation of "corresponding liability" by platform operators in Article 38,paragraph 2 is particularly prominent in the case of platform infringement.The expression "correspondence" is ambiguous and cannot directly reflect the responsibility form of the platform operator from the semantics.It does not meet the legal certainty and stability requirements and needs to be further clarified.The connotation of "correspondence" should be discussed from two aspects:breadth and depth.The breadth is the source of the obligations of the platform's responsibility: review the respective connotations and characteristics of the obligations of the platform and security,and define the platform's obligations to determine the circumstances under which the platform's inaction should be undertaken accordingly.Depth refers to the debate on the form of platform responsibility,mainly focusing on the discussion of whether the platform assumes joint or several liability or supplementary responsibility.When the platform has not fulfilled its obligation to review the infringing operator,it shall be jointly and severally liable with the direct infringing party,and it shall be more reasonable to assume supplementary responsibility when the platform has not fulfilled its obligation to ensure the safety of consumers' rights and interests.