Research On The Security Obligation Of E-commerce Platform Operators

The e-commerce law stipulates the security obligation of e-commerce platform operators to strengthen the protection of consumers.However,there are many problems such as how the operator of e-commerce platform can undertake the security obligation,and the connotation and nature of the security obligation.It is of great significance for the improvement of the legal system of e-commerce and the application of law to make an in-depth study on the security obligations of the operators of e-commerce platforms.The first part,the nature of the platform operator’s security obligation.The security obligation of the platform operator is different from that of the public place manager or the mass activity organizer.The legal basis of the platform operator’s security obligation is "the theory of communication security obligation","the theory of hazard opening and control" and "profit from danger".It is necessary for the platform operator to undertake the security obligation to guarantee the personal safety of consumers,and the platform operator has the ability to undertake the security obligation.The second part,the content of security obligation.There is no uniform standard for the specific content of the security obligation of platform operators in the judicial judgment.Therefore,it is necessary to determine the specific content of the platform operator’s security obligation.The content of the platform operator’s security obligation includes: hazard prevention obligation,hazard control obligation,rescue obligation,etc.Specifically,it includes the obligation of review,prompt,notice,deletion,and assisting consumers.The third part is the legal responsibility of the platform operator’s failure to fulfill the security obligation.Platform operators shall not assume supplementary responsibility if they fail to fulfill their security obligations.Platform operators shall be jointly and severally liable for failing to fulfill their security obligations;Joint and several liability is in line with the concept of favoring the weak party,and also in line with the principle of fault liability and self-liability,and will not cause excessive burden on platform operators.The fourth part is the realization path of security obligation.The e-commerce law does not make clear provisions on the content of security obligations and "corresponding responsibilities".As it is difficult for consumers to prove that platform operators have not fulfilled their security obligations in judicial practice,it is suggested that the burden of proof should be reversed,and platform operators should bear the burden of proof that they have fulfilled their security obligations.Innovation point of this article is to clarify the platform operator is not safety guarantee obligation shall be liable for any problems,namely the platform operator in the safety guarantee obligation,not shall be jointly and severally liable,neither in violation of the "responsibility" principle of "fault liability",but also to consumers in a weak position claims,in line with the modern civil law to the concept of weak side tilt.The shortcoming of this paper is that there are still deficiencies in the research on the identification and application of platform operators’ failure to fulfill their security obligations in judicial practice.There may be different standards and understandings on how to identify platform operators’ failure to fulfill their security obligations in judicial practice.