An Empirical Study On Legal Obligations Of E-Commerce Platform Based On Tripartite Relationship

The e-commerce platform has created the infrastructure on which e-commerce trading activities depend,the user’s code of conduct and the rules for participating in e-commerce trading activities,which have a substantial impact on the rights and interests of users within the platform.As the power of e-commerce platforms is expanding day by day,it is particularly important to set power boundaries for them.Electric business platform rules of obligation is the law to protect other electric business platform,the platform within the legitimate rights and interests of operators and consumers for electric business platform power boundary,the obligation of law can be defined electric business platform content and standards,the balance between electric business platform and electric business platform and the platform in the interests of the users,constitute the parties treat each other’s code.First of all,the e-commerce platform and other e-commerce platforms constitute a competitive relationship,and should undertake the obligations in competition law to their platform competitors.Specifically,in the horizontal aspect,e-commerce platforms should open their ecosystem to their platform competitors,which mainly requires opening access points,payment services and certain data resources.Vertically,an e-commerce platform shall not restrict or prohibit users from choosing other e-commerce platforms.At the same time,the eu "data portability" system can be used for reference to ensure the portability of user data and reduce user conversion costs.Secondly,there exists network service contract relationship and competition relationship between e-commerce platform and operators within the platform.When an e-commerce platform participates in intra-platform competition,it should undertake certain competitive obligations to the operators within the platform.To be specific,e-commerce platforms should undertake the obligation to prohibit self-support and preferential treatment,so as to prevent the infringement caused by improper use of non-public data and self-ranking preferential treatment of operators on the platform.At the same time,the e-commerce platforms shall strictly control the adverse measures taken against the operators on the platform.Without legitimate reasons and due procedures,the e-commerce platforms shall not arbitrarily take adverse measures against the operators on the platform to gain competitive advantages.Finally,the dual identity of e-commerce platforms leads to the possible establishment of network service contractual relationship and sales contractual relationship between them and consumers.Based on the legal relationship between the two parties,e-commerce platforms should assume the obligation of consumer protection to consumers.However,in practice,due to the lack of understanding of e-commerce platforms,judicial personnel often take a passive judicial position on the responsibility of e-commerce platforms,which makes it difficult to implement consumer protection obligations.In order to better protect the legitimate rights and interests of consumers,judicial personnel should change the judicial concept and reasonably judge the responsibility of e-commerce platforms from the perspective of violation of consumer protection obligations of e-commerce platforms.At the same time,clear and unified judicial standards should be established to facilitate the operation of judicial personnel and avoid the phenomenon of different judgments in the same case.