Research On The Legal Attribute And Setting Of Internet Platform Censorship Behavior

The current legal norms stipulate the supervision behavior of internet platforms,among which the platform’s review behavior has the legal basis of the behavior,the mandatory content and effect of the behavior,and the dual attributes of power and responsibility,making the platform’s review behavior have the public law attribute,while other supervision behaviors of the platform are private or autonomous.This article focuses on platform review behavior for discussion.The reason for granting platform censorship behavior in legislation is because internet platforms rely on information and technological advantages,which in contrast have advantages such as high efficiency and low cost.On the other hand,the platform is not bound by the principles and rules of public law when conducting reviews,resulting in the lack of substantive justice,Procedural justice and user relief difficulties.Although the review behavior of the platform has the attribute of public law,it is obviously different from the public power behavior of the state.Therefore,it is recommended to formulate the "Internet Platform Enterprise Law" to regulate the establishment and exercise of internet platform review behavior,strictly distinguish between platform review behavior and administrative behavior,prevent improper exercise of administrative behavior with the nature of national public power by platforms,especially the power of administrative licensing and administrative punishment,and clarify the scope and means of platform suppression behavior through negative lists and means lists.Finally,in the field of platform algorithms,the principle of due process should also be introduced to constrain platform review behavior,in order to further safeguard the legitimate rights and interests of online business environment and users.