Research On Tort Liability Of E-commerce Platform Operators

In recent years,the e-commerce industry has developed rapidly,and the transaction scale is increasing day by day.E-commerce transaction has become the most important business transaction mode in our social life.With the rapid increase of e-commerce transaction volume,a large number of infringement issues emerge in endlessly,and litigation disputes have risen greatly.It is an urgent problem to standardize the e-commerce transaction behavior and ensure its good development.Because the operators of e-commerce platform play a decisive role in the opening and maintenance of e-commerce transactions,they are in a key position in the e-commerce industry.In this case,it is helpful to clarify the liability of operators of e-commerce platform,which is conducive to better regulation of e-commerce transactions and actively respond to the demands of consumers to safeguard their legitimate rights and interests.Therefore,this paper focuses on the infringement liability of e-commerce platform operators,and makes a targeted study on the infringement liability of e-commerce platform operators.In addition to the introduction,this paper is divided into four parts :The first part is an overview of the basic issues of e-commerce platform operators.This part focuses on the basic issues of e-commerce platform operators,introduces the connotation and legal status of e-commerce platform operators,and lays a theoretical foundation for the following discussion of platform tort liability.The second part is about the legal obligations of e-commerce platform operators.This part mainly analyzes the audit obligations and security obligations of e-commerce platform operators,discusses the legal basis,content and standard of audit obligations,as well as the legitimacy,scope and content of security obligations,and demonstrates the theoretical premise for e-commerce platform operators to bear tort liability.The third part is the problems of e-commerce platform operators’ tort liability.This part mainly combines with the cases of judicial practice to sort out and analyze the problems of e-commerce platform operators’ tort liability,such as imperfect obligation provisions,unclear liability types,lack of regulation of platform service agreement,and the differences between e-commerce law and consumer protection law,so as to prove the improvement of e-commerce platform operators’ tort liability The infringement liability of sub business platform operators is an urgent problem to be solved.The fourth part is to improve the tort liability of e-commerce platform operators,and put forward targeted suggestions.It advocates to improve the relevant judicial interpretation as soon as possible,clarify the identification standards of e-commerce platform operators’ audit obligations and security obligations,refine the types of tort liability,strengthen the regulation of platform service agreement and strengthen the legislative consistency.