跨境电商平台保险互惠机制的构建--从法律角度展开

Construction of Insurance Reciprocity Mechanism of Cross-border E-commerce Platform--from a Legal Perspective

跨境电商经营者和跨境消费者双边利益极端化,形成不对等的势力关系。我国跨境电商司法求偿的特殊性和限制性,使跨境消费者权益不能得到保障,保险顺然会成为重要的救济手段。本文研究发现跨境电商存在法律规定责任主体、责任原则、产品标准不一的漏洞,以及暂行政策检验规定不合理的弊端,提出通过构建跨境电商平台保险促使消费者权益保护和跨境电商协调发展。

Cross-border e-commerce operators and cross-border consumers have formed extreme interests in bilateral interests and formed unequal power relations. The particularity and restriction of cross-border e-commerce judicial claims in China make cross-border consumer rights not guaranteed, and insurance will become an important remedy. In this paper, the author finds that there are different loopholes in the law of cross-border e-commerce, such as the subject of liability, the principle of liability and the product standard,and the unreasonable malpractice of the temporary policy inspection stipulation. It is suggested to promote consumer rights protection and coordinated development of cross-border e-commerce by means of the construction of cross-border e-commerce platform.