论电商平台经营者的产品监管义务

On the Product Supervision Obligations of E-Commerce Platform Operators

摘要: 电商平台在促进互联网经济发展和为消费者提供便利消费体验的同时，也频频被曝出大量不合格商品严重侵犯消费者权益的事件。电商平台经营者作为交易中的关键枢纽，在获得交易利益时也应当承担起相应的平台内产品监管义务。电商平台经营者产品监管义务的正当性基础主要来源于“收益–风险”一致原理、危险控制理论、诚实信用原则以及相关法律法规。针对产品交易的时间阶段，尝试提出事前提高入驻门槛、事中加强监管以及事后完善追责的完善路径，以更好实现电商平台经营者对产品的监管，维护消费者合法权益。

Abstract: While promoting the development of the Internet economy and providing consumers with a convenient consumption experience, e-commerce platforms have also been frequently exposed to a large number of substandard goods that seriously infringe on the rights and interests of consumers. As a key hub in the transaction, the e-commerce platform operator should also bear the corresponding product supervision obligations on the platform when obtaining transaction benefits. The legitimacy of e-commerce platform operators’ product regulatory obligations is mainly derived from the principle of “benefit-risk” consistency, the theory of risk control, the principle of good faith, and relevant laws and regulations. In view of the time stage of product transactions, we try to propose a perfect path to raise the entry threshold in advance, strengthen supervision during the event, and improve accountability after the event, so as to better realize the supervision of products by e-commerce platform operators and safeguard the legitimate rights and interests of consumers.