电子商务平台责任视域下“过度包装”的预防性公益诉讼研究

Research on Preventive Public Interest Litigation of “Excessive Packaging” from the Perspective of E-Commerce Platform Liability

摘要: 随着电子商务蓬勃发展，其过度包装导致的环境问题日益凸显。尽管在宏观上，我国《电子商务法》已为电商平台设定了环境保护的法律义务。但实践中，电商平台企业普遍缺乏承担环境责任的内在动力，同时又面临着外部监管制度不完善、包装标准缺失、消费者环保意识不足等多重障碍，致使电商平台在应对过度包装问题上行动迟缓，难以有效履行其应尽的环境保护责任。为破解此困局，本文提出构建全链条治理体系，并引入预防性环境公益诉讼作为核心制度工具。针对包装污染的滞后性与不可逆性，通过整合数据共享、协同施压与行为禁令三大环节，并辅以法律、技术和社会监督的保障体系，形成一条高效的检行衔接诉讼路径，从而实现对平台的有效规制。

Abstract: With the vigorous development of e-commerce, the environmental problems caused by excessive packaging have become increasingly prominent. Although at a macro level, China’s “E-Commerce Law” has set environmental protection legal obligations for e-commerce platforms, in practice, e-commerce platform enterprises generally lack the intrinsic motivation to assume environmental responsibilities, and at the same time face multiple obstacles such as imperfect external regulatory systems, the absence of packaging standards, and insufficient environmental awareness among consumers, which have led to sluggish actions by e-commerce platforms in addressing the issue of excessive packaging and making it difficult for them to effectively fulfill their environmental protection responsibilities. To break through this predicament, this paper proposes to build a full-chain governance system and introduce preventive environmental public interest litigation as the core institutional tool. In response to the lag and irreversibility of packaging pollution, by integrating data sharing, collaborative pressure, and behavioral injunctions, and supplemented by a guarantee system of laws, technology, and social supervision, an efficient prosecution and enforcement connection litigation path is formed, thereby achieving effective regulation of the platform.