Research On Security Obligation Of E-commerce Platform Operators

Since the emergence of e-commerce in the 1990 s,with the east wind of information technology progress,the economic scale of e-commerce has expanded rapidly.The digital economy represented by e-commerce is showing a trend of rapid development.At present,China has become the largest market of e-commerce,and the driving force of digital economy on China’s economic development cannot be underestimated.After more than 20 years of free competition and savage growth,the e-commerce law enacted in 2018 gives a legal response to major issues in e-commerce governance that are widely concerned by the public,and provides a legislative basis for standardizing the legal behavior of e-commerce and promoting the healthy development of e-commerce industry.The legal obligations and liabilities of e-commerce platform operators(hereinafter referred to as "e-commerce platform operators")as one of the legal bases of the platform economic e-commerce business model,have attracted particular attention from the practical and academic circles.However,the construction of system is important,and practical reflection is also essential.Through the combing and analysis of relevant cases,it can be found that the provisions of the safety guarantee obligation system of e-commerce platform operators have a certain fuzziness,the judicial application presents a conservative attitude,and hinders the relief of consumers’ rights to a certain extent.To improve the security obligations of e-commerce platform operators,we should clarify the nature,content and responsibility form of the security obligations of e-commerce platform operators on the basis of reasonably establishing the platform obligations,so as to better protect the effective relief of consumers’ rights and guide the healthy development of e-commerce economy.In addition to the introduction of the first chapter,it includes four chapters:The second chapter studies the relevant concepts of security obligations of e-commerce platform operators and the legitimacy of security obligations undertaken by e-commerce platform operators.With the rapid development of e-commerce,the platform has become a new productivity organizer.At the same time,a series of platform governance problems have gradually become prominent.In view of the frequent violations of consumers’ life and property rights and interests by operators in the platform,the application of traditional security obligations is limited.Therefore,legislation to establish that operators of e-commerce platform undertake security obligations has the legitimacy to guide the orderly development of the platform and alleviate regulatory problems.The third chapter studies the theoretical basis of the security obligation of e-commerce platform operators.The security obligation of e-commerce platform operators has the dual attributes of public law and private law obligations,as well as the dual attributes of duty of care and contract collateral obligations.At the same time,it also belongs to the third-party obligation in administrative law.Therefore,operators of e-commerce platforms may bear civil and administrative liabilities for violating their security obligations;At the same time,there is also the concurrence of tort liability and breach of contract liability within civil liability.The fourth chapter studies the current situation and problems of the judicial application of the security obligation of e-commerce platform operators.Judicial practice is not limited to the expression of the text and understands the security obligation in isolation,but expands the interpretation of the connotation of the security obligation according to the legislative purpose,and defines the boundary of the security obligation based on the principle of interest measurement;In the face of litigation requiring e-commerce platforms to assume security responsibility,the judiciary has maintained a consistent conservative attitude.At present,there are still some problems in the judicial application of the security obligation of e-commerce platform operators,such as the content of the obligation is not specific,the civil and administrative liability is not clear,and it is difficult for consumers to protect their rights and remedies.The fifth chapter studies the suggestions to improve the security obligation system of e-commerce platform operators.In view of the above problems,first of all,we should adhere to the principle of interest balance and proportion,and reasonably set platform obligations.Secondly,in terms of specific suggestions: first,clarify the security obligations of e-commerce platform operators,including hazard prevention obligations,hazard avoidance obligations and hazard rescue obligations;Second,clarify the scope of joint and several liability of e-commerce platforms in violation of paragraph 1 of Article 38 of the e-commerce law,and stipulate that they may bear untrue joint and several liability or supplementary liability in violation of paragraph 2 of Article 38;Third,properly adjust the burden of proof,clarify the nature of obligations,and ensure the effective relief of consumers’ rights.