Basis for Setting up Civil Liability of E-commerce Platform Operators:Logical Composition and Balance of Interests
With the changes in the functions and business models of e-commerce platforms,it is necessary to redefine the legal status and civil liability of platform operators,and construct the scope of fault liability and compensation for consumers on the ba-sis of liability and causality.Platform operators"should have known"about the infringing acts of operators on the platform and"failed to take necessary measures",should bear joint liability rather than joint and several liability.The"qualification review ob-ligations"and"security guarantee obligations"of platform operators are statutory and cannot be deducted through agreements.Paragraph 2 of Article 38 of the E-Commerce Law should be interpreted in multiple ways,as a platform operator shall be jointly and severally liable with the operator on the platform if it fails to review the qualifications of the operator on the platform,and if the platform operator negligently violates the security guarantee obligation,it shall bear the corresponding liability,and if it delib-erately fails to perform the security guarantee obligation in a timely manner,it shall bear joint and several liability.The responsi-bilities of e-commerce platform operators to consumers are being actively re-evaluated in many countries,and it is a significant trend to pay attention to the sharing of responsibilities and the balance of interests between platform operators and operators within the platform.In order to effectively prevent infringements by operators on the platform,it is desirable to shift liability in the direc-tion of platform operators,who should be incentivized to take the necessary preventive or preventive measures.
e-commerce platformfault liabilityjoint and several liabilitylogical compositionbalance of interests
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