Research On Censorship Obligations Of Online Trading Platform

The rapid development of the Internet has made e-commerce economy an important part of the economic development of our country.But the network transaction with network platform as the important carrier has brought great convenience to people’s lives and become the hotbed of the network indirect infringement.Therefore,it is necessary to conduct a systematic study on the censorship obligations of online trading platforms,provide a scientific measurement standard for the judgment of online indirect tort liability,and further regulate the behavior of online trading platforms.In the legal relationship of online trading,online trading platform can be defined as a third-party profit-making legal person that provides certain services for both parties to reach a transaction under a specific online trading mode.The characteristics of online trading platform include profit-making,independence and non-entity.The censorship obligations of online trading platforms can be expressed as follows: Online trading platforms shall take active and active actions,including taking reasonable measures to verify the information of third parties and the information provided by them,and shall take corresponding measures to prevent any infringement once found.Due to the dual identity of "athlete" and "referee" of network platform in network trading activities and the ability to balance the interests of all parties,it is necessary for network platform to set scientific and reasonable examination obligations.According to existing laws and regulations,such as "E-commerce Law" and "Provisions on Ecological Governance of Network Information Content",the examination duty of online trading platforms can be summarized into four aspects: examination duty of merchants’ identity qualification,examination duty of "No illegal information",examination duty under "Red flag rule" and examination duty of intellectual property evidence material.At present,the main problems in the construction of review obligations of online trading platforms include four aspects: different judicial identification standards of review obligations of online trading platforms,unclear scope of review of online trading platforms,unclear content and standards in accordance with information management capabilities,and lack of supporting mechanisms for review obligations of online trading platforms.In order to improve the rules for determining online trading platforms’ examination obligations,it is necessary to establish the principle of predictability,the principle of interest measurement,the standard of reasonable person,the standard of professional person and the standard of high probability to clarify the standards for determining online trading platforms’ examination obligations.Secondly,the scope of examination obligations of online trading platforms should be re-established in stages,and a system should be established that combines the pre-examination obligations of preventing infringement,the in-process examination obligations of stopping infringement and the post-examination obligations of preventing and preventing repeated infringement.Third,it should rely on the platform classification system to clarify the examination obligations that match the management ability;Finally,the guarantee mechanism and page freezing mechanism should be introduced to perfect the mechanism matching with the review obligation.