Study On The Third-party Tort Liability System Of E-commerce Platform Operators

With the rapid development of Internet technology in China,the numbers of e-commerce transactions and lawsuits related to e-commerce are also increasing day by day.In the era of platform economy,whether e-commerce platforms,as the third-party in the transaction process,should bear certain liability for infringement in the transaction is extremely important to protect the rights of consumers and the sustainable and healthy development of the e-commerce industry.However,the electronic commerce law implemented in 2019 in China has some problems in understanding the nature and characteristics of the electronic commerce platform itself,resulting in some problems such as unclear provisions and too light liability for the electronic commerce platform.It is difficult to achieve real protection of the relevant rights holders.This paper analyzes the role of e-commerce platforms in the platform economy era and its operating characteristics to clarify the nature of e-commerce platforms,so as to complete the discussion on third-party infringement liability and liability system of e-commerce platform operators.This paper analyzes the constitution,principles of imputation,causes of exemption and methods of liability of third-party tort liability one by one,so as to put forward Suggestions on the construction of third-party tort liability system of e-commerce platforms in China’s e-commerce law,so as to promote the sound development of e-commerce industry.In addition to the introduction,this paper is mainly composed of four aspects: definition,necessity,reality and improvement.This paper analyzes and demonstrates the composition and improvement of the third-party tort liability system of e-commerce platforms from the aspects of the nature of the platform and its liability composition,the principles of attribution,the causes of exemption and the methods of liability.The first part introduces the relevant definitions of the third-party tort liability system of e-commerce platforms one by one,analyzes the nature of e-commerce platforms and draws the conclusion of "neutral but active",which defines the theoretical framework of the third-party tort liability system in the following part.The second part analyzes the third party’s tort liability of e-commerce platforms from the perspective of "ought to be".This chapter analyzes whether e-commerce platforms should bear third-party tort liability and whether they have special exemption reasons from the three aspects of liability composition,imputation principle and exemption reasons by combining the "harbor principle","gatekeeper" system theory and the indirect infringement theory of the United States.It is proposed that the third-party tort liability system of e-commerce platforms can refer to the theory of indirect infringement and cannot simply apply the principle of "safe haven" as the exemption reason.The third chapter analyzes the legislation of the third-party tort liability system of China’s e-commerce platforms,and summarizes the current deficiencies--the absence of elements of liability,the unreasonable selection of the principle of liability and the unclear method of liability.In the fourth part,based on the deficiencies summarized above,this paper puts forward targeted Suggestions and summarizes the optimization plan for the third-party tort liability system of China’s e-commerce platforms in terms of the scope of liability,the principle of imputation and the mode of liability.Should be after the clear nature of the electric business platform gives its certain regulatory obligations,in building a third-party infringement liability system adopts the no-fault liability,and not really joint and several liability responsibility way to prevent give platform high liability,consummates our country electric business platform for the third party tort liability system of legislation,in the effective protection of consumers’ legal rights at the same time,guarantee the sustained and healthy development of the electricity industry.