论惩罚性赔偿规则在电商实践中的缺位及改善

On the Absence of Punitive Damages Rules in E-Commerce Practice and Their Improvement

摘要: 与传统商务领域相同，惩罚性赔偿规则在电商领域也具有维护消费者合法权益、营造良好市场环境的重要作用。目前，消费领域惩罚性赔偿规则在《中华人民共和国消费者权益保护法》等法律中有明确规定，但实践中惩罚性赔偿规则在电商领域的运用仍呈缺位状态，主要原因可归结为电商平台的假货认定标准单一、电商平台经营者应承担的审核义务不明确、消费者的维权成本与举证责任较大，对此，可通过改进假货认定标准、完善《电子商务法》中电商平台经营者审核义务的规定与减轻消费者在诉讼中应承担的举证责任这三种现实可行的方法，以推进惩罚性赔偿规则在电商实践中发展运用。

Abstract: Similar to the traditional business realm, the punitive compensation rule also plays a crucial role in safeguarding the legitimate rights and interests of consumers and creating a favorable market environment within the e-commerce domain. At present, the punitive compensation rule in the consumer sphere is explicitly stipulated in laws such as the Law on the Protection of Consumer Rights and Interests. Nonetheless, in practice, the application of the punitive compensation rule in the e-commerce field is still lacking. The primary reasons can be summarized as follows: the criteria for identifying counterfeit products on e-commerce platforms are simplistic; the auditing obligations that e-commerce platform operators should assume are not clearly defined; and the costs of rights protection and the burden of proof for consumers are relatively high. In response to these issues, three practical and viable approaches can be taken. Firstly, improve the criteria for identifying counterfeit goods. Secondly, refine the regulations regarding the auditing obligations of e-commerce platform operators in the E-commerce Law. Thirdly, alleviate the burden of proof that consumers need to shoulder during litigation. By implementing these measures, we can promote the development and application of the punitive compensation rule in e-commerce practice.