Application Of The Third Party Obligation In Administrative Law To The Supervision Of Internet Trading Platform

Nowadays,the development of Internet transactions in China is surprisingly rapid.However,the construction of legal system related to Internet trading platform is still in his infancy.The rapid development of the industry and the lack of relevant legislation have caused repeated violations of the law to occur on the Internet trading platform.Thus,the improvement of relevant legislation is imminent.At present,China's regulatory strategy is mainly the application of traditional civil law in the relevant rules(such as tort law,contract law,etc.),and to draw lessons from safe harbor principle(notice-delete rules)of America.This strategy does have solved some disputes,but is not suitable to the diversified violations of law on the network platform of the status quo under the rapid development of science and technology.This paper attempts to introduce the third party obligation theory in the administrative law into the supervision of the Internet trading platform,letting the platform being as a "gatekeeper",giving full play to its technology,information and business advantages,to make the platform monitor and review illegal behaviors,so as to find,stop and report them.This approach can greatly make up for the disadvantages of obtaining information of administrative law enforcement departments to make the supervision more effective.What is worth to mention is that China has now the trend of letting network service providers as a "gatekeeper" to monitor.However,there are great challenges when this system being used in practice:it is difficult to determine the responsibility of the platform.The examples of "Kuaibo" and "Alibaba versus National Administration for Industry and Commerce,which evoke hot discussions among the public,expose problems with the current regulatory attitude.In addition,scientific measurement of the benefits and the costs,which are due to various uncertainties,brought about by the platform bearing regulatory obligations is difficult,which increases the further difficulties in setting the obligations and determining the regulatory boundaries of the platform.Besides,from the point of form of responsibility,it is still a headache thing to choose from strict liability or fault liability.In spite of this,a slight adjustment of the form of liability and the urging of the rule-makers to develop a more detailed and clear "negative list" type of platform liability standards can improve the application of third party obligations in the network trading platform.The writing idea of this paper is as follows:This paper starts from the definition,characteristics and essence of the trading platform,then introduces the typical illegal behaviors on the network trading platform and the current situation of supervision at home and abroad.Then,the concept of third party obligations in administrative law is introduced,and the legitimacy of third party obligations is analyzed.Legitimacy analysis is divided into three parts:First,the theoretical basis,which is further divided into cost-benefit analysis,social self-regulation theory;Second,realistic basis,which is explained by the facts that the heavy social network is difficult to puncture,and the law is difficult to be implemented in some cases;Third,a model that in which condition that network platform service providers choose to abide by the platform obligations,or to conspire with the violators of law.The legitimacy analysis is followed by the feasibility analysis of applying the third party obligation to the environment of the third party trading platform of the network.After this,the paper discusses rule-making strategies of the Internet intellectual property protection and the network food transaction.Then it analyses the challenges of the third party obligations system,and introduces two controversial cases concerned with the challenges.In a word,it is of great significance to put forward specific problems and improvement measures,so as to improve China's regulatory system related to the third-party trading platform.The innovation of this paper lies in the introduction of the third party obligation theory in the administrative law to the supervision of the network trading platform.Making this as a way of China's network transaction supervision system is of great significance to the construction of supervision system of China's online trading platform.Most Chinese scholars who focus on the online trading platform adopt approaches based on the classifications by different department laws,although detailed and comprehensive,but it is likely to cause chaos in the regulatory system,due to the lack of unified supervision of the various departments.Moreover,the existence of the advantages of the third party obligation theory makes the application of it in some areas has been effective.Although there may still be problems of it being applied to the supervision of the network trading platform,effective improvements can make it play its positive roles.Rapid technological changes make almost all aspects of economic society be changing all the time,however,the pace of legislation is always half a beat.When traditional legislative ideas can not solve the social problems of the new era,the legislative ideas of innovation is of great importance.