Research On Security Obligation Of E-commerce Platform Operators

With the continuous development of e-commerce economy,e-commerce platform operators provide an increasing number of services,these services have changed the way people used to live,greatly convenient daily life.At the same time,some e-commerce platform operators’ non-standard services lead to infringement disputes that damage the life and health of consumers.E-commerce economy needs to develop,and the rights and interests of consumers need to be fully protect ed,so it is necessary to standardize and guide the behavior of e-commerce platform operators through laws.Therefore,"E-commerce Law" requires e-commerce platform operators to undertake security obligations.However,the setting of this obligation lacks clear and specific content,especially the expression of "corresponding responsibility" in the law has aroused great controversy.Since the law is concise and lacks judicial interpretation,a more comprehensive study of this obligation is required.This paper takes the security guarantee obligation of e-commerce platform operators as the research object,and the specific content mainly includes the following three aspects:First of all,the basic theory of e-commerce platform operators’ security obligation is introduced.Define the relevant concepts.Analyze the legal status of platform operators.Explain the theoretical basis for platform operators to undertake the security obligation.The legal nature of security obligation is analyzed.In other words,in the process of e-commerce transactions,the platform operator and the buyer and seller respectively have legal relations of service,while the platform operator also plays the role of activity organizer to a considerable extent.The theory of risk control,the consistency of risk and return,the theory of trust interest protection and the theory of saving social cost are the theoretical basis of this obligation.The nature of this obligation is a statutory obligation to act positively.Secondly,through the analysis of China’s legislative provisions and judicial cases,we find the existing problems in the legal regulation of the security obligation of e-commerce platform operators in China.In legislation,there are some problems such as unclear content of s ecurity obligation,unclear form of responsibility and unclear imputation principle.In judicature,there are problems such as difficulty in determining causality,difficulty in burden of proof and low efficiency of judicial relief.Finally,the paper puts forward general suggestions on the legal regulation of the security obligation of e-commerce platform operators.In legislation,we should follow the principle of reasonably defining the content of the security obligation of e-commerce platform operators.The content of clear security obligation mainly includes danger prevention obligation,danger investigation obligation,danger warning obligation and rescue obligation.At the same time,determine the applicable imputation principle and liability form of e-commerce platform operators when they violate this obligation.According to article 38(2)of e-commerce Law,it is suggested to adopt the principle of presumption of liability for fault in judging the liability of platform operators for breach of security obligation.In judicature,the burden of proof should be reasonably distributed.Through the litigation configuration of inverted burden of proof,the problem of consumers’ difficult burden of proof is solved,and the operators of e-commerce platforms are urged to fulfill their security obligations.The determination of causality requires the combination of fact and legal causality to make a comprehensive judgment,and the legal causality is defined by the theory of equivalent causality and the theory of legal purpose.In addition,advocate perfect suit electronic commerce lawsuit system.Through the above research,it can provide ideas for improving the safety protection obligations of e-commerce platform operators.