Research On The Legal Application Of “corresponding Liability”clauses Of E-commerce Platform Operators

“Corresponding liability” of the operators of e-commerce platforms that is Article 38(2)of E-commerce law of the People’s Republic of China on have been subject to disputes since the beginning of the legislation.Its vague expression can easily cause confusion and divergence of application.And its legal application has become the focus of judicial practice.Based on the statistical analysis of the relevant adjudication cases in Article38(2),and through the analysis of typical cases,summarized the judicial application status and existing problems of corresponding liability.According to the degree of control and business management,the operators of e-commerce platform are classified.Therefore,The legal application of corresponding liability of e-commerce platform operators distinguish two situations.First,for e-commerce platform operators with market attributes,those who failure to fulfill the obligation of formal audit should bear joint and several liability.Those who have fulfilled their formal auditing obligations but have not fulfilled their substantive auditing obligations shall not be held responsible.Those who violate the security obligation shall bear supplementary responsibilities.Second,for e-commerce platform operators with corporate attributes,those who failure to fulfill the obligation of formal audit should bear joint and several liability.Those who have fulfilled their formal auditing obligations but have not fulfilled their substantive auditing obligations shall bear the several liability part of responsibility.Those who violate the security obligation shall bear corresponding supplementary responsibilities.