| Due to on-line consumers are in a weak position and their rights and interests are harmed,they often struggle to defend their rights.Article 38 of the "E-commerce Law" promulgated in 2018 clearly stipulates the safety guarantee obligations of e-commerce platform operators.It is a major step forward in protecting the rights and interests of consumers.This article will analyze theories and examples.The way to discuss the e-commerce platform operator's safety guarantee obligations to the e-commerce platform operator.This article mainly includes four parts.The first part analyzes the nature and basis of the safety guarantee obligations of e-commerce platform operators from the perspective of legal principles.The safety guarantee obligations of the platform are not only civil obligations but also administrative obligations,and they are the initiators and grounds for dangerous sources.The corresponding principle of rights and obligations and the protection of consumers' disadvantaged position and reliance interests;the second part,the author analyzes the status quo and application of e-commerce platforms from the perspectives of legislation and judicial practice respectively;the third part,the author starts from the e-commerce platform The operator's standard of security obligations is not clear,and the causal relationship between the performance of the obligation in a specific case and the result of the damage is determined.And the three aspects of its unclear remedial obligation are to analyze the shortcomings in practical application separately;the fourth part is to improve the suggestions for the shortcomings,including the improvement of the insurance advance payment system.E-commerce platform operators,as emerging players in the market,and their market share is already very important.It is necessary to further refine and improve the rights and obligations they enjoy in the law.In order to adapt to the times and establish a more secure Internet trading platform. |
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