Research On The Obligation Of Safety Guarantee For Operators Of E-commerce Platform

Before the promulgation of the "E-Commerce Law",the rights and interests of Chinese consumers in the field of e-commerce were mainly protected by the "Consumer Rights Protection Law","Food Safety Law" and other laws and the expanded interpretation of the "Torture Liability Law.Due to the lack of unified norms,it has formed a chaotic representation of the subject of obligation in China's academic research and normative documents,and the chaotic situation of different judgments in the same case in judicial practice.Chinese scholars have analyzed the relationship between security guarantee obligations and infringement and indirect infringement,comparatively studied the relevant theories in German law,and determined the theoretical basis on which security guarantee obligations are based.At the same time,they claim that the theoretical basis is not limited by physical space..Furthermore,it is proposed that the application of security guarantee obligations should be expanded in the field of e-commerce,laying the legal basis for the security guarantee obligations in the Electronic Commerce Law.The promulgation of the "E-Commerce Law" has effectively solved the theoretical disputes caused by the blank of special legislation and the difficult situation of different judgments of the same case in judicial practice,but there are still many problems.The "E-commerce Law" has its own special adjustment objects and scope,and the main body that undertakes the obligation of security guarantee should have its clear boundaries.The e-commerce platform operator's security assurance obligations can be divided into prevention obligations,elimination obligations,and remediation obligations according to the different time periods in which the hazard is located.The tort liability of an e-commerce platform operator for breaching its security assurance obligations shall be an inclusive civil liability,which may be either supplementary liability,joint or several liability,or specific liability,depending on the content,fault form and related Judging from the actual situation,the operator of the e-commerce platform can recover from the operators within the platform after assuming corresponding responsibilities.In addition,whether an e-commerce platform operator has fulfilled its security assurance obligations should be determined using quantifiable standards,namely legal standards,good manager standards,industry standards,and contract standards.And the content of its obligations should comprehensively consider the influencing factors such as platform type,operating scale,profit and loss.