Sources And Identification Of Civil Liability Of E-commerce Platform Operators

With the rapid development of e-commerce,the promulgation of “Electronic commerce law” has played an important role in building e-commerce transaction order,regulating the rights and obligations of e-commerce related subjects,and protecting the rights and interests of e-commerce consumers,providing clear guidance for solving new legal problems in e-commerce,and laying a solid foundation for the standardized development of e-commerce.However,it must be admitted that there are still deficiencies in the provisions of the “Electronic commerce law”,and some of the legal provisions are still relatively rough,which need to be further detailed through the subsequent legal interpretation.In the field related to the life and health of consumers,Article 38(2)of “Electronic commerce law” stipulates that the platform operators who fail to fulfill the obligations of qualification audit or safety guarantee shall bear "corresponding responsibilities".This article focuses on the clause and takes the source and identification of civil liability of e-commerce platform operators as the research object,and hopes to make a detailed analysis of the connotation of the qualification audit obligations and security obligations,and make a specific definition of the responsibility types of "corresponding responsibilities",so as to provide clear and feasible guidance for the application of law in judicial adjudication.This paper summarizes the research status at home and abroad,discusses the legal status of e-commerce platform operators,and determines the types of civil liability for violating the two obligations through a detailed analysis of the qualification audit obligation and the security obligation.Among them,in the case that the operators in the platform cause damage to the legitimate rights and interests of consumers,if the operators of the e-commerce platform fail to fulfill the obligation of qualification examination,they should bear joint and several liability with the operators in the platform,and the unreal joint and several liability stipulated in the“Consumer protection law” is no longer applicable;if the operators of the e-commerce platform fail to fulfill the obligation of safety protection,the “Civil code”can be applied by analogy.There,article 1198 provides that the place manager shall bear supplementary liability in the case of infringement by a third party,but attention should be paid to the exclusion of the application of the right of recourse against the third party.