Difficulties in identifying responsibility and governance solutions for e-commerce platforms under the digital economy
In the context of vigorously developing the digital economy in China,e-commerce platforms have a unique legal status.When building transactions between operators and consumers within the platform,they indirectly exert a substan-tive influence on the transaction relationship by virtue of the platform service relationship formed between them,becoming the information element holder that separates buyers and sellers.Although China's legislation strictly stipulates the fault liability and joint and several liability of e-commerce platforms in terms of consumer protection,in civil cases caused by platform consumption,there are few precedents in which the platform is held liable to the consumer.Careful examination of the reasoning reveals that although there is a relatively comprehensive responsibility design in legislation,the accounta-bility logic that people's courts need to follow at the individual case level is not consistent,and the responsibility of e-commerce platforms stipulated by legislation faces serious implementation difficulties.From a practical perspective,the difficulties are mainly manifested in the lack of judgment standards when determining that the platform has subjective knowledge,and the lack of clear measurement norms for determining whether the measures taken by e-commerce plat-forms after the occurrence of illegal business activities are necessary,resulting in consumers losing their lawsuit due to insufficient evidence.Fundamentally speaking,this is due to the fact that relevant legislation still adheres to the tradition-al thinking that e-commerce platforms are transaction facilitators,which is inconsistent with their strong position in the digital economy based on technological advantages.Based on the characteristics of the digital economy that are different from traditional economics,a digital economy responsibility model involving e-commerce platform disputes should be con-structed.In terms of value concepts,the misunderstanding of identifying e-commerce platforms in the relationship between goods and services should be corrected,returning to the digital information service relationship between platforms and users,clarifying their legal responsibilities,and enabling platforms to work together with government,users,and so-cial entities to create a governance partnership for the digital economy order.
digital economye-commerce platformresponsibility identificationgovernance cooperation
万方数据
维普
