电子商务平台经营者自营业务的民事责任

The Civil Liability of E-Commerce Platform Operators that Conduct Proprietary Business in Their Own Platforms

电子商务平台经营者自营业务,是其在自己提供的为电子商务交易活动服务的平台上,经营销售商品或者提供服务活动的混业经营模式。电子商务平台经营者在自营业务中,其身份地位是商品销售者或者服务提供者,而不属于平台经营者。在经营自营商品销售业务或者自营服务提供业务造成消费者损害时,电子商务平台经营者应当依照《合同法》《侵权责任法》《消费者权益保护法》《食品安全法》的规定,承担产品责任或者违约责任。应当特别强调的是,在自营服务提供业务中,电子商务平台经营者应当根据服务合同给付行为性质的不同而承担不同的责任。

The e-commerce platform operators conduct proprietary business in their own platforms for e-commerce transaction activities, and also for selling goods or providing service activities, which is an mixed business model. When conducting proprietary business in their own platforms, the operators’ status is the sellers of the goods or the service providers, not the platform operators. When the self-operated commodity sales business or self-operated service providing business causing damage to the consumers, the e-commerce platform operators shall assume the products liability or the liability for breach of contracts complying with the provisions of the Contract Law, Tort Law, the Law on the Protection of the Consumer Rights and Interests, and the Food Safety Law. It should be particularly emphasized that when conducting proprietary business in their own platforms, the operators should assume liability according to the payment behavior of the contracts.