电商背景下旧货产品缺陷侵权的主体责任研究

Research on the Primary Responsibility of Product Defects in Second-Hand Goods under the Backdrop of E-Commerce

摘要: 我国现行《电子商务法》旨在规范电子商务交易活动，自实施以来对电子商务领域形成了有力的指引合力，一定程度平衡了各电商交易主体间的利益，促进了电子商务的发展。不过，随着电子商务体量的增加、电子商务类型不断提高，对其中出现的二手旧货新型交易，当发生因旧货产品缺陷的质量问题导致消费者人身、财产遭受损失时，存在法律空白，为保护受损者权益、解决纠纷、促进交易，需明确各主体间的法律关系、正确认定各主体的民事责任。

Abstract: The current “E-commerce Law” of our country aims to regulate e-commerce transaction activities. Since its implementation, it has provided strong guidance for the e-commerce sector, balancing interests among various e-commerce transaction entities to some extent and promoting the development of e-commerce. However, as the scale of e-commerce grows and the types of e-commerce increase, there is a legal gap when personal sales of second-hand goods lead to quality issues due to product defects, causing losses to consumers’ personal safety and property. To protect the rights of those affected, resolve disputes, and facilitate transactions, it is necessary to clarify the legal relationships between the parties involved and correctly determine their civil liabilities.