网络平台违反安保义务的责任样态研究

Research on the Responsibility Patterns of Online Platforms for Breaching Security Obligations

摘要: 网络时代迅速发展为大众带来便利的同时，也是一把双刃剑，无论是对网络还是实际生活都会产生不利的潜在危险。电子商务平台企业作为“互联网 + 商务”模式的关键参与者，是卖家与消费者之间的桥梁，为电子商务活动提供交易场所和平台服务，成为社会生活中不可或缺的一部分。不仅深入于网约车领域，还包括美团等其他服务行业。因此将电商平台经营者的安全保障义务纳入规制范围势在必行。以电商平台主体界定为切入点，从电商平台安全保障义务的内在逻辑出发，诠释其承担安全保障义务的构成要件，讨论电商平台违反安全保障义务应当承担相应责任。

Abstract: The rapid development of e-commerce has not only brought convenience to people’s lives but also acts as a double-edged sword, posing potential risks both online and in real life. As pivotal players in the “Internet + Commerce” model, e-commerce platform enterprises serve as the bridge between sellers and consumers, providing transactional venues and platform services for e-commerce activities and becoming indispensable entities in social life. This extends not only to the ride-sharing sector but also encompasses other industries such as food delivery. Therefore, it is imperative to regulate the security safeguard obligations of e-commerce platform operators. Taking the definition of e-commerce platforms as the starting point and proceeding from the necessity of their security safeguard obligations, this discussion interprets the constituent elements of their responsibility to provide security. Ultimately, it concludes with the responsibility that should be borne by those who violate these security safeguard obligations.