电子商务平台经营者责任认定的法治化完善

Improvement of the Rule of Law in the Determination of Liability of E-Commerce Platform Operators

摘要: 电子商务的发展日益蓬勃，电子商务平台经营者在市场经济发展过程中的地位日益重要。但是目前对于电子商务平台经营者法律责任的认定方面存在着许多问题，这些问题的产生影响了市场秩序和消费者的权益，本文聚焦于电子商务平台经营者责任认定完善展开研究，从电子商务平台经营者责任认定的理论基础出发，包括过错责任、连带责任等方面，剖析了目前在认定电子平台经营者责任方面的困境与问题，如，法律法规模糊，责任界定问题、举证与证据层面的问题等。接下来对这些问题提出相应的解决建议，旨在推动电商行业的健康发展。

Abstract: The development of e-commerce is becoming more and more prosperous, and the status of e-commerce platform operators is becoming more and more important in the process of market economy development. However, at present, there are many problems in the determination of e-commerce platform operators’ legal responsibility, and these problems affect the market order and consumers’ rights and interests. This paper focuses on the research on the determination of e-commerce platform operators’ responsibility to improve the study, and from the theoretical basis of the determination of e-commerce platform operators’ responsibility, including fault liability, joint and several liability, etc., it analyzes the current dilemma and problems of determining the responsibility of e-platform operators, such as the ambiguity of laws and regulations, the problem of defining responsibility, and the problem of proof and evidence. Next, it puts forward corresponding solutions to these problems, aiming to promote the healthy development of the e-commerce industry.