电商经济与网络房产经纪服务中平台法律义务及购房者权益保护研究

A Study on Platform Legal Obligations and Protection of Homebuyers’ Rights and Interests in the E-Commerce Economy and Online Real Estate Brokerage Services

摘要: 网络房产经纪服务平台经营者在融入电商平台经济的过程中，完成了从传统线下模式到创新线上模式的转型升级。但与此同时，平台经营者却没有主动承担在当前法律框架下应负的法律义务，包括核验审查义务、广告标明义务与如实报告义务。平台经营者上述义务的履行缺位，会损害购房者的知情权与公平交易权、财产权以及生存权益。平台经济的发展，使得网络房产经纪服务的交易数量和规模不断扩大，因而有必要对平台经营者的义务和购房者的权益保护加以强调。强化平台责任，建立首问负责制，构建以规模区分为基础的类型化核验审查义务，统一广告标识的技术标准，强化信用惩戒与行业自律联动机制。

Abstract: In the process of integrating into the e-commerce platform economy, operators of online real estate brokerage service platforms have accomplished the transformation and upgrading from traditional offline models to innovative online models. However, at the same time, platform operators have failed to proactively assume the legal obligations incumbent upon them under the current legal framework, including the duty of verification and examination, the duty of advertising labeling, and the duty of truthful reporting. The absence of performance of the aforesaid obligations by platform operators may impair homebuyers’ right to know, right to fair dealing, property rights, and rights to subsistence. With the development of the platform economy, the transaction volume and scale of online real estate brokerage services have been continuously expanding. Therefore, it is necessary to accentuate the obligations of platform operators and the protection of homebuyers’ rights and interests. Measures include strengthening platform liability, establishing a first-inquiry responsibility system, constructing a categorized duty of verification and examination based on scale distinction, unifying technical standards for advertising labels, and reinforcing the linkage mechanism between credit sanctions and industry self-regulation.