Research On The Tort Of The Operator Of E-commerce Platform Violating The Obligation Of Security

Paragraph 2 of Article 38 of the E-commerce Law stipulates that platform operators in the field of e-commerce should undertake security guarantee obligations,but the provisions do not specify the specific obligations and responsibilities that platform operators should undertake.Therefore,it is very important for the implementation of judicial work to study the problems existing in the tort process of platform operators in violation of safety guarantee obligations and try to put forward countermeasures.E-commerce platform operators should try their best to protect the legitimate rights of consumers to maximize their interests,which is not only the obligation of operators but also a kind of social responsibility.The E-commerce Law of China for the first time explicitly uses the expression of e-commerce platform operator,and defines the concept of this subject,ending the confusion of various opinions in the academic circles before,and confirming the unified and clear expression in normative documents.Based on the special nature of e-commerce platforms and judicial practice experience,this paper attempts to determine the reasonable scope and standard of platform operators’ safety guarantee obligations,and to determine the liability form of platform operators’ violation of safety guarantee obligations.With the development of e-commerce and the emergence of all kinds of e-commerce platforms,the problem of infringement of security obligations will also increase.Clarifying the subject of rights and obligations is the primary issue,which is conducive to determining whether the responsibility should be assumed or not.The identification of the platform operator’s fault behavior cannot rely on the subjective judgment of the judge’s heart,but should adopt objective standards.In the case of infringement by the third party,the liability forms undertaken by the operators of the e-commerce platform should be distinguished according to different situations.When the platform operator is intentionally subjective,it shall jointly infringe the rights with the operator within the platform,and bear joint several liability.If both the platform operator and the operator within the platform are negligent,they shall bear partial liability;If the platform operator acts negligently or simply violates the obligation of performance,and the direct infringement by the operator within the platform is intentional,the platform operator shall bear supplementary liability.Supplementary liability is made when the direct infringer cannot compensate completely,so the subject who bears the supplementary liability can recover it from the other party subject who directly causes the result of infringement.