Research On Tort Liability Of E-commerce Platform Operators

China ’s “E-Commerce Law” has made special provisions on the civil liability of e-commerce platform operators,but some liability regulations are still relatively vague,especially the provisions concerning the tort liability of several persons involving platform operators and other entities are further clarified Need.The e-commerce platform has four characteristics: the coexistence of virtuality and reality,the coexistence of openness and closure,the coexistence of neutrality and tendency,the coexistence of profitability and public service.Its development characteristics are built on the premise.E-commerce platform operators have a variety of roles and functions.In fact,they are a new type of transaction medium.Their legal status should be understood from the two dimensions of microscopic special counter renters and macroscopic platform order maintainers.Different types of platforms The components of the two dimensions are different,and the burden of responsibility should also be differentiated.The infringement liability of the e-commerce platform operator comes from violation of reasonable attention obligations and security assurance obligations.The security assurance obligations should be limited to the security assurance responsibility for the overall operation of the platform,excluding the individual protection obligations for consumers.The "corresponding obligations" specified in the second paragraph of Article 38 of the "E-commerce Law" can be connected to the joint and several liability clauses according to the actual situation,the clauses of the non-substantial joint liability and supplementary liability,the main difference lies in the degree of subjective fault of the platform operator The level is different,and the level of subjective faults of platform operators should be based on the standards of ordinary rational people,combined with the general technical supervision level of the industry in which platform operators are located.In addition,according to my country’s current e-commerce legal system and historical tradition,there is no need to introduce an indirect IP infringement system for infringements on the platform.