On The Security Obligations Of E-commerce Platform Operators

After the article 38 of e-commerce law has been formally established,there are many discussions on the security obligations of e-commerce platform operators,mainly focusing on the contents of audit obligations and security obligations,as well as the responsibility form of "corresponding responsibility" in Article 38(2)of e-commerce law.The "corresponding liability" undertaken by e-commerce platform operators should be regarded as a "diversified" form of imputation,which may be supplementary liability,joint and several liability or share liability.It should be determined in judicial practice according to the specific circumstances of e-commerce platform operators,such as fault,nature and proportion of liability.In terms of external legal relations,the "e-commerce law" is a general law regulating the field of e-commerce.If there are provisions in the special law,the special law shall apply.In terms of internal relations,the first paragraph of Article 38 of the e-commerce law is the "red flag" rule,aiming at the "obvious" infringement.Paragraph 2 requires e-commerce platform operators to act more actively to prevent dangers and protect consumers' right to life and health.But this does not mean that the e-commerce platform operators bear no fault or fault presumption liability,they still bear tort liability according to the principle of fault imputation.There are obvious boundaries between the two clauses in terms of subjective fault,behavior constitution and tort consequence,which should be distinguished in application.