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An Analysis of the Personal and Property Security Obligations and "Corresponding Responsibilities" of E-Commerce Platform Operators

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An Analysis of the Personal and Property Security Obligations and "Corresponding Responsibilities" of E-Commerce Platform Operators


Changjun Wu | Yaoting Cheng



Changjun Wu | Yaoting Cheng "An Analysis of the Personal and Property Security Obligations and "Corresponding Responsibilities" of E-Commerce Platform Operators" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-5, August 2020, pp.671-679, URL: https://www.ijtsrd.com/papers/ijtsrd32982.pdf

As a new law, the "Electronic Commerce Law" has attracted the attention of the public since its inception. The legislative process concerning the second paragraph of Article 38 of this law has triggered heated discussions. The original joint liability has been changed to supplementary liability. In the end, it was changed to "corresponding responsibilities." After many revisions and evaluations, the legislator finally determined it as the existing clause. This is an innovative and highly compromised product established by many parties after several trade-offs. Its formulation has a major impact on the construction of the current e-commerce platform and has great research value. In this article, the author tries to analyze this article by layer. First, starting from the subject of the "corresponding liability", analyze the objects regulated by the law-e-commerce platform operators, and the objects of its protection-damaged consumers. The second is to analyze the content of the regulations. First, it analyzes the concept, origin and standards of the personal safety guarantee obligations stipulated by the law, as well as the specific circumstances in which they are applied; then, analyzes the "corresponding responsibilities" that violate the security obligations. Concepts and origins, and conduct a comparative analysis of the applicable content and applicable methods of the associated joint and several liabilities and supplementary liabilities, and further analyze the applicable conditions of the "corresponding responsibility", and select typical cases related to the "corresponding responsibility" for research , To determine its impact on the e-commerce platform. Finally, it analyzes related existing cases and discusses the problems arising from the practical operation of judicial trials from three aspects: legislation, law enforcement, and justice: system design; construction and improvement of "corresponding responsibilities" legal system plan And system law enforcement mechanism; and proposed to optimize the "corresponding responsibility" judicial application system, and finally put forward suggestions on the improvement of the "corresponding responsibility" system.

E-commerce platform operators; Obligation to guarantee personal safety; Corresponding responsibilities


IJTSRD32982
Volume-4 | Issue-5, August 2020
671-679
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

International Journal of Trend in Scientific Research and Development - IJTSRD having online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International Journal which provides rapid publication of your research articles and aims to promote the theory and practice along with knowledge sharing between researchers, developers, engineers, students, and practitioners working in and around the world in many areas like Sciences, Technology, Innovation, Engineering, Agriculture, Management and many more and it is recommended by all Universities, review articles and short communications in all subjects. IJTSRD running an International Journal who are proving quality publication of peer reviewed and refereed international journals from diverse fields that emphasizes new research, development and their applications. IJTSRD provides an online access to exchange your research work, technical notes & surveying results among professionals throughout the world in e-journals. IJTSRD is a fastest growing and dynamic professional organization. The aim of this organization is to provide access not only to world class research resources, but through its professionals aim to bring in a significant transformation in the real of open access journals and online publishing.

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