论电商平台经营者安全保障义务及其侵权责任承担

On the Safety Guarantee Obligations of E-Commerce Platform Operators and Their Assumption of Tort Liability

摘要: 随着电子商务的蓬勃发展，电商平台已成为市场交易的核心枢纽，但其安全保障义务的模糊性导致实践中平台、商家、消费者的权益之间冲突频发，因而其安全保障义务的界定与责任承担成为理论与实践的重要议题。本文通过梳理《中华人民共和国电子商务法》《中华人民共和国民法典》等相关法律法规，从电商平台经营者安全保障义务的基础理论出发，探讨义务边界的厘定标准，分析违反义务的法律责任形态，并结合我国实践中存在的困境提出完善路径，旨在为平衡平台、商家与消费者利益，促进电商行业健康发展提供理论参考。

Abstract: With the vigorous development of e-commerce, e-commerce platforms have become the core hub of market transactions. However, the ambiguity in their safety guarantee obligations has led to frequent conflicts among the rights and interests of platforms, merchants, and consumers in practice. Therefore, the definition of their safety guarantee obligations and the assumption of responsibilities have become important issues in both theory and practice. By sorting out relevant laws and regulations such as the E-Commerce Law and the Civil Code, this paper starts from the basic theory of the safety guarantee obligations of e-commerce platform operators, explores the criteria for determining the boundaries of such obligations, analyzes the forms of legal liability for violating these obligations, and proposes improvement paths based on the predicaments in China’s practice. It aims to provide a theoretical reference for balancing the interests of platforms, merchants, and consumers and promoting the healthy development of the e-commerce industry.