电子商务平台经营者责任明晰

E-Commerce Platform Operators Have Clear Responsibilities

摘要: 《电子商务法》第38条第2款对平台经营者责任的规定，虽具灵活性，但实践中面临责任认定难、法院忽视义务、责任形态理解不一等问题。需从三方面优化：第一，通过对平台经营者的资质审核义务和安全保障义务进行明确界定，并确立相应的认定标准和保障措施来明确平台资质审核与安全保障义务标准；第二，根据不同平台经营者的主体性质，对其可能承担的责任形态进行相应的调整；第三，鉴于消费者在电子商务交易中通常处于不利地位，其在举证过程中适当放宽消费者举证责任。据此来保障消费者权益，规制电子商务平台中的不法行为。

Abstract: Although the provisions of Article 38 (2) of the E-commerce Law on the liability of platform operators are flexible, they are faced with some problems in practice, such as the difficulty in determining liability, the neglect of obligation by the court, and the different understanding of the form of liability. It needs to be optimized from three aspects: First, by clearly defining the platform operators’ qualification audit obligations and safety guarantee obligations, and establishing corresponding identification standards and safeguard measures to clarify the platform qualification audit and safety guarantee obligations standards; Secondly, according to the main nature of the operators of different platforms, the possible forms of responsibility should be adjusted accordingly. Third, in view of the fact that consumers are usually in a disadvantageous position in e-commerce transactions, the burden of proof of consumers is appropriately relaxed in the process of proof. According to this, we can protect the rights and interests of consumers and regulate the illegal acts in the e-commerce platform.