The Rule Boundary of Network Platform Security Guarantee Obligation

Abstract

Network platform, as the engine of economic development in the new era, is filled with all aspects of communication, information exchange and resource circulation in modern life. Disputes cannot be avoided in the process of participating in social life. While the network platform is active, it also produces many judicial practice problems with the characteristics of the network era, such as the network platform infringement. The problem of infringement in the Internet era has the characteristics of virtual abstraction in cyberspace. Different from traditional dangers such as kidnapping and intentional injury, Internet users may also face new risks such as cyber violence and loss of virtual property. The theoretical legitimacy of applying the security guarantee obligation from physical space to cyber space can be discussed from the aspects of subject nature, legal basis and legal variability. The content provisions on the security obligations of network platforms in the Civil Code are still vague, and the specific scope of application of the rules is limited. This paper tries to determine a reasonable content boundary from the perspectives of platform service types, benefit-risk principles and cost-benefit principles. Based on this, it further analyzes and defines the types of responsibility that the network platform should undertake under different circumstances in violation of security obligations.