Standardized Approaches to the Civil Liability of E-Commerce Platform Operators
In order to realize the"empowering"function of e-commerce platforms to the development of digital economy,it is necessary to"assign responsibility"to platform operators.On the basis of clarifying the origin and concept of e-commerce platform,it can be found that the market role of e-commerce platform operators has undergone an evolution from"neutral medium"to"controller".This not only makes e-commerce platform operators having multiple identities,such as platform transaction service providers and market organizers,but also calls for the innovation of the rules for the allocation of civil liability of e-commerce platform operators.In terms of contract liability,we should strengthen the legal norms of standard clauses and clarify the responsibilities of different types of platform operators.In terms of tort liability,the indirect tort liability of platform operators is constantly expanding,which mainly includes the contributory liability with the core of"knowing"and"contributing"and the vicarious liability with the core of"benefiting"and"controlling".
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