电子商务平台经营者的“相应的责任”标准构建

Construction of “Corresponding Responsibility” Standards for E-Commerce Platform Operators

摘要: 《电子商务法》第38条第2款规定的“相应的责任”进入法条矛盾境地，司法实践运用中出现了模糊性和不确定性。对于电子商务平台经营者“相应的责任”的责任形态，应当属于民事责任中的侵权责任，基于司法适用的稳定性不宜确定为混合责任，且从可预见性和合理性两个方面排除连带责任的可能性，再者出于立法者原意和消费者权益保障的考虑否定按份责任的可能性，最终确定“相应的责任”为补充责任。电子商务平台经营者承担补充责任既能够全面填补所造成的损害，又保证了立法体系的统一和谐，确保了责任分配的合理性与公正性。此外，从理论层面有效衔接补充责任与追偿权的割裂，从实践层面合理确定内部责任份额的比例，合理解决平台内经营者与平台经营者之间的内部关系。

Abstract: The “corresponding liability” stipulated in Paragraph 2 of Article 38 of the “Electronic Commerce Law” has fallen into a contradictory situation in the law, and ambiguity and uncertainty have emerged in its application in judicial practice. Regarding the liability form of the “corresponding liability” of e-commerce platform operators, it should belong to tort liability in civil liability. Based on the stability of judicial application, it is not advisable to determine it as a mixed liability. Moreover, the possibility of joint and several liability is excluded from both the aspects of predictability and rationality. Furthermore, considering the original intention of legislators and the protection of consumer rights, there is a possibility of denying proportional responsibility. Eventually, the “corresponding liability” is determined to be supplementary liability. The e-commerce platform operator’s assumption of supplementary responsibility can not only fully compensate for the damages caused, but also ensure the unity and harmony of the legislative system, and ensure the rationality and fairness of responsibility allocation. Additionally, the disconnection between supplementary liability and the right of recourse should be effectively bridged at the theoretical level, and the proportion of internal liability shares should be reasonably determined at the practical level, reasonably resolving the internal relationship between platform operators and platform operators.