| Article 38(2)of the E-Commerce Law of the People’s Republic of China stipulates that for goods or services related to consumers’ life and health,the e-commerce platform operators who fail to fulfill their safety obligations to consumers,resulting in consumer damage,shall bear the corresponding responsibility according to law.The law does not make clear provisions for the specific form of responsibility of the e-commerce platform operators,the ambiguity of the form of responsibility has caused the dilemma of judicial application.Therefore,from the standpoint of the interpretation theory,the civil liability of the e-commerce platform operator for failing to fulfill its security obligations should be determined on the basis that the operator has a special duty of care to third parties and thus has a higher security obligation.Specifically,under the premise of joint and several liability for joint infringement between the e-commerce platform operator and the third party under Article 38(1)of the E-commerce Law of the People’s Republic of China,the e-commerce platform operator shall bear indirect infringement liability for breach of the duty of safety and security,and the provisions of Article 1198(2)of the Civil Code of the People’s Republic of China can be applied indirectly.That is,the e-commerce platform operator in the case of separate infringement,it shall bear its own responsibility;in the case of infringement involving third parties,the need to distinguish the subjective state of the third party,respectively,the application of joint and several liability and the corresponding supplementary liability provisions of law.Among them,when the e-commerce platform operator and the third party infringement,respectively,it shall bear with the cause of damage or the degree of fault corresponding to the supplementary liability,while the right to exercise the right of recovery from the intentional infringement of the third party. |
