关键词:
平台经营者
法律责任
电子商务法
摘要:
《电子商务法》实施以来,电子商务平台经营者的法律责任经历了从无到有、从线下移转至线上的模式改变,《消费者权益保护法》所规定的电子商务平台内经营者主体责任转向了《电子商务法》的电子商务平台经营者第一责任,再至目前的合规经营阶段,由过去责任转变至预防责任,由被动化为主动,经济法社会责任的特质在平台责任之构建上得以充分体现,电子商务平台经营者法律责任同电子商务治理模式共同处于不断进化的过程当中。《电子商务法》作为一部在互联网环境下应运而生的法律,在整体规则设计上还存在一定的不成熟之处,尤其在司法实践过程中,平台经营者责任认定与要件构成方面存在系列法律的适用问题仍待明晰。本文以《电子商务法》第38条为载体,就该条款的逻辑结构进行分析拆解,分析其适用要件与法律后果,以期进一步明晰平台经营者法律责任定位与内涵,为司法裁判提供一个稳定统一的裁判思路。Since the implementation of the E-Commerce Law, the legal responsibility of e-commerce platform operators has experienced a change in mode from none to some, from offline to online, the main responsibility of e-commerce platform operators stipulated in the Consumer Protection Law has shifted to the first responsibility of e-commerce platform operators in the E-Commerce Law, and then to the current stage of compliant operation, and has changed from the past responsibility to the preventive responsibility, and has become active instead of passive, and the quality of social responsibility in economic law has been fully reflected in the construction of platform responsibility. The legal responsibility of e-commerce platform operators and the e-commerce governance model are in the process of continuous evolution. The E-Commerce Law, as a law that came into being under the Internet environment, has certain immaturity in the overall design of rules, especially in the process of judicial practice, there are a series of legal problems in the determination of the responsibility of the platform operator and the composition of the elements that still need to be clarified. This article takes Article 38 of the E-Commerce Law as the carrier, analyzes and dismantles the logical structure of this article, analyzes its applicable elements and legal consequences, in order to further clarify the positioning and connotation of the legal responsibility of the platform operator, and provide a stable and unified adjudication idea for the judicial decision.