Study on the Definition of the Duty of Care in the Tort Liability of Platform Operators
Abstract
With the continuous development of China’s online economy, online platforms have emerged and continued to grow. In order to protect the new industry, reduce certain legal risks, and protect the interests of consumers, Chinese Civil Code and E-Commerce Law have introduced Safe Harbor and the Red Flags Rule for the platform operator’s tort liability. This paper analyzes the comparative jurisprudence of cases from China and the United States, synthesizes many cases, and proposes more specific standards for the determination of “knew or should have known”. The existing system in China has been interpreted and modified in terms of jurisprudence, so as to make the introduction of its rules more concrete and operable. The paper also draws experience from the foreign system and solves problems based on the Chinese national conditions. From the perspective of the social law school, it studies the “living method” of western theories in China. Starting from China’s actual situation, it puts forward new suggestions for China’s legal research and legal practice, and provides a more perfect legal supporting system for the development of the platform economy, a new industry.
References
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