Research On The Tort Liability Of The 0perators Of E-commerce Platform Who Violate The Security Obligation

The e-commerce law of the People’s Republic of China,adopted on August31,2018,makes clear the way of undertaking the responsibilities of the operators of the e-commerce platform.For the goods or services related to the life and health of consumers,the operators of the e-commerce platform fail to fulfill the examination obligation for the qualification of the operators in the platform,or fail to fulfill the safety guarantee obligation for consumers,thus causing consumer damage,Bear corresponding responsibilities according to law.The wording of "corresponding responsibility" reflects the value orientation of legislators in the current social development environment,and contains the interests of all participants in the e-commerce industry.E-commerce law for the first time made special provisions for e-commerce platform operators,making a series of rights,obligations and responsibilities of platform operators clearer and more accurate,laying the foundation for the next vigorous development of e-commerce in China,and playing a good role in standardization and promotion.The platform responsibility in the e-commerce law has been greatly strengthened,at least 33 obligations of the e-commerce platform have been stipulated,which is far more than the relevant provisions in the consumer rights and interests protection law,food safety law,network security law,tort liability law and other laws in terms of quantity.However,in practice,how to define the responsibilities of e-commerce platform operators to consumers and how to identify the responsibilities of e-commerce platform operators still need to be further clarified.Since its inception,the security obligation can not be determined by a very clear range of guidelines.To a certain extent,the vague provisions cover the loopholes of the law.At the same time,due to its uncertainty,one or more parties in the legal relationship have suffered losses that should not be suffered.Based on the actual situation of the promulgation of the e-commerce law,this paper analyzes the handling opinions of the relevant cases after the implementation of the e-commerce law,clarifies the scope of the security obligations of the platform parties in the field of e-commerce,further analyzes the forms of responsibility undertaking of the platform parties,demonstrates the rationality of the provisions of "corresponding responsibilities" in the e-commerce law,so as to seek for each transaction The balance of interests.At the same time,it analyzes the shortcomings of the past legislation and law enforcement,and puts forward suggestions for the future legislation and law enforcement activities,which will contribute to the vigorous development of e-commerce.