Research On The Tort Liability Of Electronic Commerce Platform Operators To Consumers

The vigorous development of e-commerce in recent years has facilitated people's lives and brought many new challenges.The virtuality of e-commerce makes it easier for people to purchase goods and enjoy services,but it also brings various disputes that are different from traditional transaction models.How to protect the rights and interests of consumers better in a complex e-commerce environment and how to balance the relationship between e-commerce platform operators and consumers are topics that people care about.The promulgation of the "E-Commerce Law" has also aroused heated discussion among relevant scholars,especially Article 38,which has drawn particular attention and made it clear that e-commerce platform operators undertake the obligations to review and guarantee security for consumers.This paper studies the tort liability of consumers under Article 38 of the E-Commerce Law by combining the relevant provisions of the Tort Liability Law and the Consumer Rights Protection Law.Taking the legal status of e-commerce platform operators as an entry point,it is clear that it is a special electronic media platform that bears the particularity of tortliability.It is clarified by combining judicial trial cases that the review obligation does not require the e-commerce platform operator to review all operating information on the platform,and the scope of security guarantee obligations will expand with the e-commerce platform operators' ability to control the operating activities within the platform.On the basis of the above research,it conducts research on the tort liability of the e-commerce platform operators.The application of joint and several liability should be carried out with caution,and in judicial practice,it should be avoided that the subjective attitude is directly presumed from objective facts.As an innovation of the "E-commerce Law",the specific form of corresponding liability still needs to be specified by law.According to the reasoning of the tort law theory,it can be considered that it includes two forms of liability:part liability and supplementary liability.The application of the corresponding liability should be combined with the degree of fault of the operator of the e-commerce platform and the causal relationship between its omission and the damage result to analyze specifically.