The Rethink Of Notice And Counter Notice System Of Electronic Commerce Platform Responsibility

Nowadays,with the rapid development of Internet technology,especially the mobile Internet,people’s offline physical life will be replaced by the Internet in many aspects and it seems to become a tendency.The biggest feature of cyberspace is that everything is presented in the form of data,resulting the amount of data in cyberspace is enormous and existing of the users are anonymously.After the infringement,it is very difficult for the obligee to find the infringers on his own.As the third party who holds technology and key information,the status of Electronic commerce platform in network tort liability has been widely concerned by scholars,which is also a key issue in the formulation of Electronic commerce Law.The United States promulgated the Digital Millennium Copyright Act in 1998,in which the Haven system is a model.It concerns about the balance of copyright protection,promotes the development of communication industry and safeguards the freedom of speech of citizens,which leading many countries to follow suit.However,Canada,which is adjacent to the United States,amended the copyright Modernization Act in 2012.The Notice-Notice system has been created according to the situation of Canada.Compared with the traditional Notice and counter Notice system,the obligations of Internet service providers are reduced.Represented by France,South Korea,New Zealand and other countries have stipulated the three strikes system,which regard the copyright administration institution as the center.In addition to the article 36 paragraph 2 of Tort liability Law and the article 36 of Electronic Commerce Law(the second review draft)provides the notification system.China’s laws and regulations on Notice and counter Notice are mainly stipulated in the copyright related administrative regulations,departmental regulations and judicial interpretation.These regulations are sporadic and do not form a complete system,meanwhile,the Article 36 paragraph 2 of the Tort liability Act,which has the highest legal rank,has also been criticized by many scholars.This article tries to sort out the problems existing in the Notice and counter Notice system from the existing legal system,draw lessons from the relevant legal systems of foreign countries,and put forward some thoughts on it.In the first chapter,the introduction part mainly introduces the background,the problems and the basic framework of the article.The second chapter mainly discusses the system of Notice and counter Notice in national law,which mainly discusses the nature of the system,the involved multi-party,in which the electronic commerce platform is the focus.The third chapter is the related systems in foreign countries,which focus on the safe harbor system of USA,three strikes system of France and the Notice-Notice system of Canada,analyzing the advantages and disadvantages.The forth chapter is the system design.After analyzing the feasibility of three extraterritorial systems,this article puts forward some suggestions on the implementation rules of Notice and counter Notice system in Electronic commerce Law.