| Paragraph 2 of Article 38 of E-commerce Law stipulates that if the operators of e-commerce platforms fail to fulfill the obligation to review the qualifications of the operators in the platforms or fail to fulfill the obligation to ensure the safety of consumers,thus causing damages to consumers,they shall bear corresponding responsibilities according to law.At present,there are "joint liability theory","supplementary liability theory","joint liability theory" and "unreal joint liability theory" in the interpretation of "corresponding liability" in academic circles.The coexistence of various theories makes it more difficult for consumers to protect their rights,which is not conducive to the protection of consumers’ rights and interests,and also causes confusion in the application of laws,resulting in different judgments in the same case,which is detrimental to judicial fairness and justice.Therefore,this paper will combine the relevant theoretical basis that e-commerce platform operators should bear the "corresponding responsibility" and elaborate the factors that affect e-commerce platform operators to bear the "corresponding responsibility" from two aspects: fulfilling the qualification examination obligation and not never fulfilling the security guarantee obligation,including the principle of fault liability,causality and proof standard.Finally,this paper holds that the operators of e-commerce platform should bear unreal joint and several liability for failing to fulfill their qualification audit obligations,and should bear supplementary liability for failing to fulfill their security guarantee obligations,supplementary liability is also a special type of unreal joint and several liability,the two can be identified as unreal joint and several liability. |
