Research Of The Criminal Responsibility Of E-commerce Platform

With the vigorous development of China’s e-commerce industry and the promulgation and implementation of the "E-commerce Law",legal issues in the field of e-commerce and related laws have gradually entered people’s horizons.As a virtual place for ecommerce activities and as a matchmaker and manager of transactions,the e-commerce platform is the core subject in the field of e-commerce and the most important issue in the study of related legal issues.At the level of criminal laws and regulations,China’s "Criminal Law" currently does not specifically regulate e-commerce platforms.The possible charges for its behaviors and help behaviors are mainly the crimes of network service providers’ refusal to perform the obligations of information network security management and help to use There are several problems with this type of regulation in the crime of information cybercrime:First of all,as a relatively special unit subject,the e-commerce platform,if it is still determined in accordance with the traditional unit crime identification standards,it may be difficult to criminalize its harmful acts,which does not meet the legislative intent of the two crimes mentioned above.Secondly,the core function of the e-commerce platform is to provide its users with other convenient conditions such as online goods and service transactions.The most involved rights are actually the legitimate rights and interests of consumers and intellectual property rights holders.The discussion of the practice is limited to the crime of refusing to perform the obligations of security management of the information network,which has certain limitations.In addition,the crime of refusing to perform the obligations of managing information network security is a crime of pure inaction by network service providers.The Criminal Law and its judicial interpretations lack and incomplete and direct the definition,functional distinction,and type of obligations of network service providers.As a result,some ecommerce platforms do not have the subject qualification of this crime and the content of their obligations is unclear,which ultimately makes it difficult to apply this crime.Finally,the help behaviors of e-commerce platforms are mainly neutral help behaviors,and the punishment basis of neutral help behaviors has not yet been determined in China.Not only that,due to the controversial nature of the crime of helping the information network criminal activity,and the objective provisions are ambiguous,part of the help behavior of the e-commerce platform cannot be included in the crime.At the same time,because the determination of one-sided accomplices is still controversial,another part of the e-commerce platform that should be handled as a general helper cannot be blamed.In order to solve the above problems,this article uses the criminological analysis of ecommerce platforms as a reference and draws on foreign experience to refer to the social and legal status of e-commerce platforms,the identification of criminal responsibility as an act,and the conduct of inaction.The criminal liability identification path and the criminal liability identification path to help behaviors are started from four aspects.An in-depth analysis of the crimes involved in the e-commerce platform,combined with its significant features,attempts to clear the block in the platform’s conviction path.In order to solve those problems,this article done a criminological analysis of the ecommerce platform and referred the foreign experiences as basic research.Starting from the e-commerce platform’s subject qualification,the criminal responsibility determination path of the conduct,the criminal responsibility determination path of the help behavior.Analyzed the crimes involved in e-commerce platforms and combined with its salient feature,try to solve the problems in the platform’s conviction process.In addition to the introduction and conclusion,this article is divided into the following five chapters:The first chapter is the current status of crime and legal regulations involved in ecommerce platforms.This chapter first introduces the concept of e-commerce,business models,and the development of e-commerce in China.After that,the definition and classification of the e-commerce platform were clarified as the conceptual basis for subsequent research in accordance with the relevant provisions of the E-commerce Law.Finally,this chapter takes 20,5882 first-instance judgments as the research object,and conducts a criminological analysis on the number,area,and count of crimes involved in the crimes involved in the e-commerce platform.It also combines China’s Ecommerce Law and Criminal Law.The relevant regulations discuss the current situation and deficiencies of legal governance of e-commerce platforms in China.The second chapter is the criminal law status of e-commerce platforms.Based on the service content,management content,and social status of the platform in e-commerce activities,this chapter revises the establishment standards of unit crimes in e-commerce platforms and makes detailed functional distinctions among network service providers.Eliminate the obstacles in the process of the platform identifying the unit’s crime and clarify the identity of the network security management principal of its network service provider and gatekeeper of the cyberspace.Lay the foundation for the discussion of specific crimes later.The third chapter is the criminal responsibility of e-commerce platform as a crime.On the basis of sorting out the types and characteristics of crimes implemented by ecommerce platforms,this chapter clarifies their legal status in sales activities and advertising activities and determines their subject qualifications with relevant crimes.At the same time,this chapter will also use relevant theories to appropriately explain the crime of selling infringing copies and the crime of copyright infringement,and draw on foreign experience to set the "knowledge" recognition standard for e-commerce platforms,and clear up their intellectual property rights Obstacles encountered in similar crimes.The fourth chapter is the criminal responsibility of e-commerce platform for the crime of inaction.Since the previous chapter has detailed the criminal liability of e-commerce platforms as a means of committing crimes against consumer rights and intellectual property,this chapter no longer specifically discusses the above two charges.It will focus on sorting out the specific content of information network security management obligations,classifying the obligation on the basis of drawing on extraterritorial experience and functional differentiation of network service providers,and clarifying the specific content of the information network security management obligations of our e-commerce platform.Suggestions on the subjective aspects of this crime,the platform’s ability as a result,and the possibility of avoidance of the judiciary,and the suggestions on the identification and criminal responsibility of China’s e-commerce platforms for failing to perform the obligations of information network security management.The fifth chapter is the criminal responsibility of e-commerce platform to help crime.This chapter starts with the situation and the conviction path of the help behavior of the e-commerce platform.Based on the specific provisions of the Criminal Law,it sorts out the specific problems of the help behavior of the e-commerce platform in the process of identification and criminal responsibility investigation and combines the helpers and neutral helpers.Related theories propose solutions to problems.