Research On The Typology Of The "corresponding Responsibilities" Of E-commerce Platform Operators

Entering the era of sharing economy,e-commerce develops rapidly and becomes the pillar industry of Chinese modern economy.As a new business model,e-commerce has brought new development opportunities to enterprises and brought great convenience to people's lives while it spawned many new legal problems.Focusing on the dimension of the economics of law,whether based on the balance of interests,the control of damage results,the protection of trust interests or the control of social costs,there is the corresponding theoretical support for e-commerce platform operators to bear certain civil liabilities,and it conforms to the general law of e-commerce transaction order.This paper will discuss the "corresponding responsibilities" of e-commerce platform operators in article 38(2)of this law.This paper mainly includes five parts.The first part analyzes the theoretical support for e-commerce platform operators to bear certain civil liability from the perspective of law and economics.Whether it is based on the balance of interests,the control of damage results,the protection of trust interests,or the control of social costs so that it bears some civil liability,it conforms to the general law of e-commerce transaction order.The second part is the debate about the responsibility of the platform in the legislative process.There are different opinions on the civil liability that e-commerce platform operators should bear when they fail to fulfill the qualification examination obligation or fail to fulfill the safety protection obligation and cause losses to the life and health of consumers.The main viewpoints include the theory of joint and several liability,the theory of supplementary liability,the theory of partial liability and the theory of false joint and several liability.The responsibility design of the platform should not only deter illegal merchants,protect the legitimate rights and interests of consumers and clean up the e-commerce transaction environment,but also prevent the responsibility setting from bringing unbearable burden to the platform.Article 38,paragraph 2 of the e-commerce law is finally written with "corresponding responsibilities" to achieve the balance between theinterests of e-commerce platform operators,platform operators and consumers.The third part is about the advantages of "corresponding responsibility" and the possible problems."Corresponding responsibility" put an end to the previous debate,fully integrated multiple viewpoints,and endowed the platform operator with various possibilities of responsibility.However,the vagueness of the expression of"corresponding responsibility" will not only make it more difficult for consumers to claim rights,but also greatly affect the accuracy of the application of law,which may cause gap of law application to judicial practice.The fourth part discusses the two kinds of obligations that e-commerce platform operators fail to fulfill,and analyzes the liability pattern of the platform's failure to fulfill the qualification examination obligation.The platform shall break through the previous mode of single liability and discuss the two situations of prior review and in-event review in a classified way.The platform shall assume joint and several liabilities for the damage caused by the failure to fulfill the obligation of prior review,and assume non-primary liabilities for the failure to fulfill the obligation of in-event review.The fifth part analyzes the liability pattern of the platform's failure to fulfill the security obligation.To "specific problems,specific analysis;The principle of "specific case,specific solution",which follows the principle of tort law,the specific liability and the final compensation amount of the e-commerce platform operator are determined by combining the subjective fault degree of the e-commerce platform operator in the infringement event and the causal relationship between the platform's participation and the damage result.