Research On Responsibility Of E-commerce Platform

Under the technological wave of Internet+and artificial intelligence,new economic forms develop rapidly,and e-commerce and electronic payment emerged,which promoted the vigorous development of the e-commerce industry.Since 2013,China’s total retail transactions have jumped to the top of the world.The China E-Commerce Report(2018)pointed out that,in 2018,China’s e-commerce development maintained a relatively fast and good development trend.The new period gradually shows new development characteristics.Social e-commerce and content e-commerce as new models are developing rapidly.The integration of e-commerce collaborative industries is continuously deepening.E-commerce in rural areas and small and medium-sized cities is booming especially the cross-border e-commerce.In 2018,the scale of e-commerce transactions in China was 31.63 trillion yuan,and online retail sales exceeded 9 trillion yuan which increased 23.9%over the same period last year.Among them,the online retail sales of physical goods exceeded 7 trillion yuan,accounting for 18.24%of total retail sales of consumer goods.The number of employees related to e-commerce has reached 47 million.China continues to maintain its position as the world’s largest online retail market.The development of e-commerce in China is toward high quality and high standards.Under this background,everyone may become a retailer,and any goods and services may become traded commodities.Thus,retailing is possible in any scenario.The development of the e-commerce economy has stimulated the creation of new business applications,breaking through the traditional inherent business model.The e-commerce platform has a very significant leading role in the development of the e-commerce market,which is also the most important characteristics of the development of e-commerce.However,the fast-growing e-commerce economy is also a double-edged sword,which undoubtedly introduces new risks to the development of socialist market economy.On the one hand,it intensifies the contradiction between Chinese traditional moral ethics and the development of science and technology economy.On the other hand,it also brings new challenges to China’s current economic order and economic rules.Healthy industry development requires market guidance and regulation.As an emerging and rapidly developing economic development method,e-commerce needs to be adjusted and regulated by more targeted and reasonable laws and regulations.The Chinese government has always regarded science and technology as the primary productive forces and attaches great importance to the development of technological innovation.Besides,the government makes great efforts to support the tertiary industry and e-commerce economy.In order to better serve the e-commerce economic development and to benefit the people,the special laws and regulations "E-Commerce Law" was finally approved by the National People’s Congress Standing Committee on August 31,2018 after four times’revision.The "E-Commerce Law" is the basic law in the field of e-commerce in China,in which the provisions on e-commerce platforms accounted for an important part.The implementation of the"E-commerce Law" largely supplemented the lack of legislation in the field of e-commerce in China,especially the relevant provisions on the responsibility of e-commerce platforms,which are conducive to further strengthening the government and the regulatory authorities’ control over e-commerce platforms.This article focuses on the research of e-commerce platform’s responsibility.The first three chapters briefly trace the development of e-commerce,the definition of e-commerce platform,the legal nature and status of e-commerce platform,as well as the legal obligations and responsibilities and social responsibilities of the e-commerce platform stipulated by the current law.Chapter four focuses on the current legal system and the problems existed in the current e-commerce platform responsibilities,such as the registration of e-commerce platform subjects,micro-business subjects registration implementation issues,security guarantee obligations and infringement liability issues of e-commerce platform,unclear e-commerce platform audit obligation standards,and related intellectual property protection issues and consumer rights protection issues of e-commerce platform,etc.The fifth chapter focuses on sorting out the author’s opinions and suggestions from the perspectives of legislative,judicial,regulatory departments and e-commerce platforms based on the analysis above.