The Civil Liability Of Unreasonable Transaction Behavior Of E-Commerce Platform

With the development of the Internet economy,e-commerce platforms affect everyone’s clothing,food,housing and transportation,and production operators have been stationed in the major platforms.With this,the problems caused by ecommerce platform operators have gradually increased," either-or choice " and other issues with the expansion of the scope of application of the platform gradually expanded.In the face of these problems,China promulgated the E-Commerce Law,which regulates unreasonable trading practices such as " either-or choice " in Article 35,and also amended the Anti-Monopoly Law,combined with the existing Internetspecific article of the Anti-Unfair Competition Law,in an attempt to achieve comprehensive and multi-disciplinary regulation of unreasonable trading practices.However,in terms of legislation,as the E-Commerce Law is different from the two traditional competition laws in terms of legal status,the three laws also do not make a clear distinction,resulting in the nature of unreasonable transaction behavior is not clear in theory.In the face of special unreasonable trading behavior,the Civil Code also does not have special regulation of its civil liability,which cannot solve the problem of difficult to identify unreasonable trading behavior of e-commerce platform and difficult to judge the responsibility,which leads to the damage caused by unreasonable trading behavior of e-commerce platform and the causal relationship constituting civil liability is different from traditional tort and breach of contract civil liability but there is no direct regulation by law,so that unreasonable trading behavior of e-commerce platform The victims of unreasonable trading behavior in the e-commerce platform is difficult to claim responsibility to the perpetrator by virtue of the existing regulatory system.In practice,the people’s courts have not carefully distinguished the difference between the Anti-Monopoly Law,the Anti-Unfair Competition Law and the E-Commerce Law regarding unreasonable trading practices,and how to determine the civil liability of the defendant platform operators and how to assume civil liability.At present,the academic community has conducted a lot of research on the unreasonable transaction behavior implemented by the e-commerce platform,and the understanding of the unreasonable transaction behavior of the e-commerce platform has made great progress.However,the focus of the current research is on the unreasonable trading behavior itself,and the civil liability of the unreasonable trading behavior of the e-commerce platform has not been studied in depth.Based on the existing regulations and research,this paper clarifies the nature of unreasonable trading behavior on e-commerce platforms in the first part,and analyzes the nature of Article 35 of the E-commerce Law and the types of regulated behaviors and the unique peculiarities of unreasonable trading behavior on the basis of Article 35 of the E-commerce Law,supplemented by the Anti-monopoly Law and the Anti-unfair Competition Law.In the second part,through the analysis of norms and cases,it is found that the current civil liability for unreasonable transactions in China has the problems of unclear objects of relief,vague composition of liability,lack of liability and unclear inter-legal relations,and the reasons for this problem are the rapid development of the platform economy,the lack of legislative technology and the multilateral nature of unreasonable transactions.The third part provides references to the construction of civil liability for unreasonable trading behavior in China’s e-commerce platform through the advanced legislation and practical experience of foreign countries.The fourth part improves the regulation of civil liability for unreasonable trading behavior of ecommerce platform,and puts forward suggestions to improve the legal system and related supporting system for civil liability for unreasonable trading behavior of ecommerce platform.The innovation of this paper lies in the following: firstly,the topic of this paper is relatively new,searching for unreasonable trading behaviors or " either-or choice" and abuse of relative dominance of e-commerce platforms,and there is no special research on civil liability of unreasonable trading behaviors of e-commerce platforms,but more research on competition law regulation of unreasonable trading behaviors.Secondly,this paper is innovative.By combining the ternary regulation path with the foreign e-commerce platform unreasonable trading behavior regulation system,this paper adopts similar liability elements and different liability elements for the three laws,and improves the connection between administrative punishment and civil remedy.Thirdly,the materials used in this paper are relatively new.This paper retrieves civil adjudication and administrative punishment from the introduction of the E-commerce Law to 2023,retrieves and analyzes unreasonable transaction behavior cases after the introduction of the E-commerce Law and even after the revision of the Anti-monopoly Law,adopts materials that have not been used in previous researches,and analyzes the numerous problems that still exist in the regulation of civil liability for unreasonable transaction behavior on e-commerce platforms in China at present The case is clarified.