Research On The Security Obligation Of E-commerce Platform Operators

With the development of Internet technology,transactions have expanded from offline to online.Due to the professionalism,technicality,indirectness and complexity of e-commerce platforms,transaction security requires more security.China has gradually formed a set of e-commerce laws with Chinese characteristics in the long-term development.As more and more people begin to use e-commerce platforms such as Taobao and JD.com,protecting consumers has become an urgent legal issue.In order to broaden the protection of consumers," E-Commerce Law of the People’s Republic of China" stipulates the security obligations of e-commerce platforms in Article 38 by referring to the provisions of Article 37 of the Tort Liability Law.E-commerce platform operators should undertake security obligations for three main reasons: firstly,e-commerce platform operators obtain benefits directly or indirectly through the platform;secondly,e-commerce platform operators provide technology for infringing acts by operators on the platform foundation and credit support;third,e-commerce platform operators have the ability to control infringements within the platform.There are four main viewpoints on the scope of the main body of the security obligations of e-commerce platform operators,including broad theory,strict condition theory,subjective standard theory,and agreement connection theory.This paper believes that e-commerce platform operators need to meet the following three conditions: First,the subject on the platform must have e-commerce behavior;secondly,the e-commerce behavior of the subject on the platform must occur on the platform;thirdly,the platform operator not only provides automatic access(transmission)Serve.This paper argues that the scope of the rights subject of the security obligation of e-commerce platform operators should include not only consumers but also operators within the platform.However,since Article 38 of the E-Commerce Law of the People’s Republic of China is a special law,it only applies to third-party infringement.Therefore,the scope of the subject of rights in this article is consumers,but this does not mean that e-commerce platform operators do not undertake security obligations to operators on the platform.For the protection of operators on the platform,the provisions of Article 1165 of the "Civil Code of the People’s Republic of China" can be adopted,requiring e-commerce platform operators to undertake security obligations.The first paragraph of Article 38 of the "E-commerce Law of the People’s Republic of China" adopts the expression "should know".This article summarizes and summarizes the cases in practice,and concludes that the following three specific situations can be considered as the e-commerce platform operators.The infringing acts of the operators on the platform are "should be known" : the most typical case is that consumers are notified according to law,the second is the express provisions of the law,and the third is that there are serious and unreasonable risks."Corresponding liability" is not a special type of liability,but includes joint liability,share liability and supplementary liability,which can be selected and applied according to different situations.In the event that an e-commerce platform operator violates the qualification review obligation,it should bear joint and several liability with the actual infringer.There are three main reasons: First,between the e-commerce platform operator’s failure to fulfill the qualification review obligation and the infringement by a third party to establish a supplementary causal relationship;secondly,the second paragraph of Article 38,as a special legal article,should be limited by the first paragraph,and can only be interpreted as joint and several liability for the violation of the qualification examination obligation;finally,the qualification qualification examination obligation is electronic The premise of business activities is inviolable,which is the basic obligation to protect the rights and interests of consumers.Regarding the question of whether the e-commerce platform operator has the right to claim compensation from the actual infringer after taking responsibility,if the "corresponding responsibility" is interpreted as a complete supplementary responsibility,the supplementary responsibility here is a risk liability,and the e-commerce platform operator should be allowed to If the corresponding responsibility is interpreted as the corresponding supplementary responsibility,the responsibility here is the final responsibility,and the e-commerce platform operates have no right of recourse.Because the responsibility for security protection belongs to its own responsibility,it should be considered that the e-commerce platform operator has no right to pursue compensation against the actual infringer.