An Analysis of the Personal and Property Security Obligations and Corresponding Responsibilities of E Commerce Platform Operators
Journal Title: International Journal of Trend in Scientific Research and Development - Year 2020, Vol 4, Issue 5
Abstract
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. 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, URL: https://www.ijtsrd.com/papers/ijtsrd32982.pdf Paper Url :https://www.ijtsrd.com/management/law-and-management/32982/an-analysis-of-the-personal-and-property-security-obligations-and-corresponding-responsibilities-of-ecommerce-platform-operators/changjun-wu
Authors and Affiliations
Changjun Wu | Yaoting Cheng
Keywords
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