On The Security Obligation Of E-commerce Platform Operators

In the era of big data,along with the development of e-commerce economy,e-commerce platforms are further complicated and publicized,making the boundary of rights and obligations between its platform and users more and more blurred,and it is an inevitable trend to introduce security obligations into virtual space.Especially under the influence of the novel coronavirus epidemic,people’s lives are gradually “wired”,realizing home office,online teaching,network meetings,cloud trial,etc.This has caused confusion in the field of e-commerce while making life easier,and new forms of infringement have come in,making consumers’ health rights seriously infringed.The “E-commerce Law” of 2018,Article 38,paragraph 2,provides for the security obligations of life and health of goods or services,the provisions of the security obligations from the offline physical space to the online e-commerce sector,expanding the obligations and responsibilities of the platform,protecting the personal rights and interests of consumers,upholding the trading order of the e-commerce platform operators,but the provisions are abstract and vague,the content of the security obligations of the e-commerce platform and the e-commerce platform to violate their“relevant responsibility” are not clearly explained.Therefore,this paper will discuss the security obligations of e-commerce platform operators according to the nature and characteristics of e-commerce platforms,by analyzing theories and examples,and combining with judicial decisions in China,to further clarify the scope of the obligations and the applicable scenarios.In addition to the introductory part of this paper,the following four parts will be discussed.In the first part,after sorting out the cases,two classic cases are selected and the uncertainty of the application scenarios of the security obligations of the e-commerce platform operators and the scope of application of the content of the security obligations of the platform operators are drawn out according to the gist of their decisions.In the second part,the relevant concepts and basic theories involved in the issues raised are defined and explained.It also briefly describes the expansion of the security obligations of traditional business place managers in the field of e-commerce,taking into account the characteristics and inherent driving forces of e-commerce platforms.The reasons why e-commerce platform operators should have higher security obligations are analyzed and justified.In the third part,in response to the issues raised,a comprehensive analysis is made from the legislative and judicial perspectives to clarify the scope of application and scenarios of the security obligations of the e-commerce platform,while the form of civil liability for failure to fulfill the security obligations of the e-commerce platform is discussed to address the issues raised in this paper.The fourth part,combined with specific cases,the construction of the security obligations of e-commerce platform operators system,from the practical point of view for China’s e-commerce platform operators of security obligations to improve the views and recommendations,in the end,to wrap up the text and make a summary.