Research On The Security Responsibility Of E-commerce Platform Operators

Our country’s "E-commerce Law" came into effect on January 1,2019.This is the first time that the current law has extended security obligations to the field of online transactions.This is the first time that the security obligations of real space have been applied to the virtual space of the Internet.This reflects The development of this theory keeps pace with the times.Through the analysis of the theoretical basis of security responsibility,it can be concluded that the establishment of security responsibility conforms to the connotation of legal principles and the needs of reality.As the platform’s control manager,the operator of the e-commerce platform is the main body of risk initiation and supervision.As the main body of the platform,its obligation to review the information qualification of the merchants on the platform is an important manifestation of the security obligation.The security obligations of platform operators should also have certain standards and limits.The standard of care duties of platform operators should be higher than that of ordinary subjects,and they should fulfill the care duties of a rational and prudent platform provider.In the current law,the form of responsibility for breach of security obligations is not very clear.It only stipulates that platform operators shall bear "corresponding responsibilities" after violating security obligations,and the "corresponding responsibilities" are not specified.As a result,the court has disputes over the form of security responsibility in actual cases.The disputes mainly focus on whether the form of "corresponding liability" is joint liability,supplementary liability or share liability.The operating entity on the platform is the directly responsible entity that caused the damage to the rights and interests of the consumers,and the security obligations violated by the platform operators can only be regarded as an opportunity for the fact that the rights and interests of the consumers are damaged,so this article supports its responsibility The form is the view of supplementary responsibility,and that such supplementary responsibility is the responsibility of the platform operator due to the security obligation,and the responsibility cannot be passed on for recovery.