Research On The Tort Liability Of E-commerce Platform Operators

As the greatest scientific and technological invention of the twentieth century,the Internet has promoted the transformation of social production and information dissemination,and has had a huge impact on the world economy,politics,culture,and society.At the same time,it has brought earth-shaking changes to people’s lives,studies and work.Internet-based online transactions have also emerged.While enjoying the convenience brought by e-commerce,people also have to consider another problem: Today,with the rapid development of e-commerce,many merchants are not satisfied with the operation of physical stores,and more and more open up online transaction channels.Business platforms are their first choice to open up new battlefields.More and more operators on the platform are entering e-commerce platforms.Since e-commerce is also taking shape,the regulatory control in many places is not strict,resulting in many products that infringe intellectual property rights or have quality defects,enter the e-commerce platform without strict testing,and give intellectual property rights owners and consumers It has caused great problems and severely violated rights.When the right is impaired,after the infringement lawsuit is filed by the right holder,because the e-commerce transaction occurs online,the evidence related to the receipt is difficult,causing the court to often have a big disagreement when determining the infringement-related facts: The determination of relevant obligations and the tort liability components of e-commerce platform operators and the responsibility of e-commerce platform operators will be controversial.E-commerce transactions have gradually become the norm in social market transactions.E-commerce platform operators play a vital role as a link between consumers and merchants in the process of online transactions.Regarding the regulation of tort liability of e-commerce platform operators,no matter Both theoretical and practical aspects need further study.This article explores the basic laws and regulations of e-commerce platforms in the course of engaging in business operations in accordance with the existing tort laws one-commerce transactions in the Law of Tort Liability,the Law on the Protection of Consumer Rights,the Civil Code(Draft),and the E-commerce Law Obligations include:passive collaboration obligations,information disclosure obligations,subject review obligations,etc.,as well as e-commerce platform operators ’standards for information disclosure after infringement occurs,and the limits of“ necessary measures ”to further propose the adoption of objective tort determination standards.In other words,the passive cooperation obligation,information disclosure obligation,and subject’s review obligation are taken as the measurement standard to discuss the tort liability of the e-commerce platform operator.And put forward targeted opinions according to the deficiencies of the existing legal rules,stop losses in time when infringement disputes occur,to better protect the related rights and interests of the infringed person,divide the infringement responsibility of the e-commerce platform operators,and let them know The necessary limits for assuming responsibility,improve the level of management and supervision,and better promote the vibrant development of China’s e-commerce industry.