Research On Security Obligations Of E-commerce Platforms Under The Convergence Of Perspectives

E-commerce platform was born in China at the end of the 20 th century and the beginning of this century,which is a new thing compared with the old social adjustment method of law.The emergence of new things has its advantages and disadvantages,the emergence of China’s e-commerce platform on the one hand to promote economic development and facilitate the life of the country;on the other hand,it has also impacted the traditional market order,bringing new social risks,existing laws and regulations are not sufficient to deal with and regulate.In this context,the "E-Commerce Law" was born.In Article 38,the statutory security obligations of the e-commerce platform are clarified,however,through a comparative analysis of 280 judicial practice cases since the implementation of this law to the end of March 2022,it is found that: 1.the connotation and scope of the statutory security obligations of the e-commerce platform are unclear.2.the understanding of the regulatory basis of Article 38 is inconsistent.3.the "corresponding responsibility The identification of "corresponding responsibility" is not uniform.Through the analysis of the existing research review,it is found that scholars in the study of the above issues,mostly from the perspective of the adjudicator,the aggrieved individual consumer,without examining the perspective of the most directly related subject of the statutory security obligations e-commerce platform.Therefore,this paper uses the research method of "fusion of thresholds" in Gadamer’s hermeneutics to examine the perspectives of legislator,adjudicator,e-commerce platform operator,platform operator and consumer,so as to expand the perspectives of all parties and balance the interests of all parties through interactive dialogue,so as to solve the above three practical application problems.We will explore new ways to solve the above three practical application problems.Under the view threshold fusion,the content of the security obligations of the e-commerce platform includes audit obligations,obligations to safeguard network security,early warning and remedial obligations,of which the limits of audit obligations should be determined according to the platform attributes,platform types and the development of monitoring technology,dispute disposal obligations,filing obligations,obligations to provide evaluation channels and not to delete evaluation obligations,obligations to protect intellectual property rights shield,delete and disconnect links should be refined,in the corresponding Judicial interpretation or administrative norms to determine the scope of the platform’s proportional commitment.In terms of legal application,Article 38 should be understood as a whole,and paragraph 1belongs to the security obligation provisions in a broad sense.Paragraph 1overlaps with Article 1197(1)of the Civil Code,Article 44(2)of the Consumer Rights and Interests Protection Law,and Article 131 of the Food Safety Law.Paragraph 2 is in competition with Article 1198 of the Civil Code,and paragraph 2 shall prevail in the protection of consumer rights and interests.In principle,article 1198 of the Civil Code applies by analogy to the corresponding liability,and joint and several liabilities applies when the elements of paragraph 1 are met,and the e-commerce platform can be recovered after taking responsibility.