消费民事公益诉讼适用电子商务平台的必要性研究

Research on the Necessity of Applying E-Commerce Platforms to Consumer Civil Public Interest Litigation

摘要: 随着经济的不断发展，人们生活方式的转变，电子商务平台近年来逐渐成为人们生活和消费的重要场所，然而面对近些年发展迅速的电子商务平台，相关法律以及制度在电子商务平台的适用引发了热烈的探讨。消费民事公益诉讼旨在代表不特定的消费者提起诉讼，保护消费者合法权益、维护社会公共利益，在电商平台中，存在着侵害众多的消费者合法权利的行为，有些行为是平台单独实施的，有些行为是平台参与的，并且存在平台对侵权行为放纵的情形，通过确定其适用范围、完善检察机关与消费者协会提起公益诉讼的主体资格、优化证据收集规则，明确法律的适用标准，健全消费民事公益诉讼在电子商务平台的具体适用。

Abstract: With the continuous development of the economy and the transformation of people’s lifestyles, e-commerce platforms have gradually become an important place for people’s life and consumption in recent years. However, in the face of the rapidly developing e-commerce platforms in recent years, the application of relevant laws and regulations on e-commerce platforms has sparked heated discussions. The purpose of consumer civil public interest litigation is to represent unspecified consumers in filing lawsuits, protect their legitimate rights and interests, and safeguard social public interests. On e-commerce platforms, there are many behaviors that infringe on the legitimate rights and interests of consumers, some of which are implemented by the platform alone, some of which are participated in by the platform, and there are situations where the platform indulges in infringing behaviors. By determining its scope of application, improving the subject qualifications of procuratorial organs and consumer associations to file public interest litigation, optimizing evidence collection rules, clarifying the application standards of the law, and improving the specific application of consumer civil public interest litigation on e-commerce platforms.