| E-commerce platform refers to a new type of market entity that has market organization and management functions such as engaging in e-commerce platform operations,providing virtual business premises,technical support,transaction rules,and information release for both parties of e-commerce transactions.At present,China mainly applies Article 44 of the E-Commerce Law and the Consumer Rights Protection Law to adjust the legal liability of e-commerce platforms when consumers purchase goods through the e-commerce platform or suffer damage to services.However,in judicial practice,the e-commerce platform assumes legal responsibility but there are problems.The main reason is that there are problems with legislation and justice.The main problem in the legislation is the lack of in-depth research on the legal basis of the e-commerce platform.At present,there are different types of e-commerce platforms.Each type of e-commerce platform has different legal status,rights,obligations and legal responsibilities.However,both the E-commerce Law and the Consumer Rights Protection Law The type,legal status,rights and obligations of the e-commerce platform are not specified in detail,which leads to the legal provisions being too general and vague.The problems in the administration of justice are mainly the lack of relevant judicial interpretations and guiding cases,which has led to differences in the application of law in judicial practice.In addition,the inconsistency of the legal concept of the e-commerce platform and the vague expression of the relevant legal terms are also the reasons for the e-commerce platform’s legal liability.In view of this,this article discusses and studies the legal responsibility of the e-commerce platform from the perspective of consumer rights protection,and analyzes the two groups of related cases to find the basis and existing problems of the e-commerce platform ’s legal responsibility The reasons for the problem of liability are analyzed,and on the basis of drawing on the foreign legislative system,the legislative system and the judicial system are proposed to improve the legal responsibility of the e-commerce platform. |
