YAO Haifang
Journal of Renmin University of China.
The legislative process of“ECommerce Law of the People's Republic of China”reflects the opinions game between the industry and the publicThe finalized version of Paragraph 2 of Article 38“assume corresponding liabilities according to law”leaves leeway for future interpretation and applicationTo reach the legal certainty,the meaning of“corresponding responsibilities”should be clarified according to the broad understanding,including different liability framework,such as liability by shares,supplementary liabilities and joint and several liabilityIn case of allocating the tortious liability based on accountability and causation,the application of joint and several liability should be cautiously considered to avoid the generalization the liabilityBased on the protecting vulnerable groups,the efficient dispute resolution,the proof burden arrangement and risk management capability,modern day laws tend to apply the joint and several liabilityAccording to article 38 of ECommerce Law,ecommerce platform business shall assume supplementary liabilities in principleProviding that the platform provides opportunities for illegal activities due to its management negligence,if the platform is able to but fails to systematically control risks,or maliciously fails to timely fulfill security obligations,etc,it should assume joint and several liability