On the Interpretation and Realization of Duty of Care
Obligations of E-Commerce Platform Operators
LIN Huan-min
(School of Law, Zhejiang University, Zhejiang 310008, China)
Abstract:
Unlike the obligation under Article 1198 of Civil Code (Article 37 of the Tort Liability Act), Article 38.2 of Chinas E-Commerce Law has established a special duty of care obligations of e-commerce platform. This special obligation should not be interpreted as obligations expressly provided by E-Commerce Law. The duty of care obligation of e-commerce platform operators should be interpreted to make best efforts to protect consumers' lives, health and protect them from even less obvious predicted illegal acts. Such interpretation is in line with normative purpose of Article 38.2 of Chinas E-Commerce Law and also helps to reconcile the relationship between Article 38.1 and Article 38.2. The relationship between Article 38.1 and Article 38.2 does not refer to the difference of ex post facto and