Research On The Tort Liability Of E-commerce Platform Operators

In recent years,e-commerce in China has developed rapidly,but there are deficiencies in related legislation and justice,resulting in some e-commerce disputes cannot be properly handled,especially the tort liability of e-commerce platform operators is difficult to implement.China began to implement the unified "E-commerce Law" on January 1,2019,which clarified the legal status of e-commerce platform operators and the legal relationship between e-commerce subjects,and the infringement liability of e-commerce platform operators.Unified regulations have been implemented,and certain improvements have been made in the original legislation.However,China still has certain problems in legislation and judicature regarding the tort liability of operators of e-commerce platforms.First of all,in the legislation there is no distinction between the subjective faults of the operators of e-commerce platforms,the precise time for taking necessary measures in a timely manner is not clearly specified,and the range of the subject of the newly declared right is too narrow.The specific connotation of "corresponding responsibility" in the second paragraph of the thirty-eighth article in “E-commerce Law” is unknown,and the existing laws and regulations are inconsistent.Secondly,in the judicial aspect,there are problems such as the difficulty of proof of the infringed person and the light responsibility of the e-commerce platform operators.In view of the above problems,the subjective faults of operators of e-commerce platforms should be distinguished in legislation,the exact time when necessary measures should be taken in a timely manner,the entities other than the operators in the platform should be given the right to declare,and the specific content of the corresponding responsibilities in Article 38,paragraph 2 of “E-commerce Law ” should be clarified,the validity of existing laws and regulations should be clarified.In judicial practice,the corresponding burden of proof should be appropriately adjusted,and the infringement responsibility of the e-commerce platform operators should be strictly determined in accordance with the law.Only after solving these problems can the tort liability of China’s e-commerce platform operators be better implemented,and the e-commerce in China can also develop more rapidly and steadily.