The Study Of Legal Issues On Inveracious Online Recruitment

At present,due to inveracious online recruitment,the incidents that result in the infringement of the legitimate rights and interests of the applicants are endless.The reason for this is related to the ambiguity and incompleteness of laws and regulations regarding the responsibilities and obligations of the entities involved in online recruitment,and the lack of content is closely related.Taking the Li Wenxing incident as an example,this article points out that to solve the problems existing in such incidents,it should analyze and study whether each subject have fulfilled their responsibilities and obligations,hoping to clarify the issues involved in the incident and its obligations.Based on the above,it compensates for the lack of legal regulation in the online recruitment field,strengthens the government's supervision of the online recruitment,and make the Internet industry associations play an active role in the Internet industry associations to reduce the occurrence of inveracious online recruitment events and effectively safeguard the legitimate personal and property rights of online applicants.This article analyzes the legal problems existing in inveracious online recruitment according to the order of raising questions,analyzing problems,and solving problems.In addition to the introduction and conclusion,the text is divided into three parts.The first part is the brief introduces of the case.This part introduce the process of the Li Wenxing incident and its follow-up investigation,and sorts out the subjects an laws.The second part analyzes the causes of frequent inveracious online recruitment events.First,network information service providers have not strictly fulfilled the obligation to review users' real identity information as stipulated in the“Network Security Law”,resulting in the proliferation of inveracious recruitment information;second,network information services Providers use legal loopholes to evade administrative responsibilities,mainly related to the discovery of illegal information to stop transmission,preservation,and reporting obligations.This article makes the network information service provider not activelyreview the illegal information on the platform.The user feedback interface on the website is useless,and it is determined that its subjective intention is more difficult to prove.The network information service provider may use this loophole to avoid administrative liability.Third,the law imposes less stringent obligations on civil obligations and responsibilities for network information service providers.Although the principle of “ safe haven ”stipulated in Article 36 of the Tort Liability Act has reduced the civil liability of network information service providers,making the Internet industry more prosperous,at the same time it has caused network information service providers unwilling to find illegal information on their own platforms and evade the civil liability.Fourth,the government's lack of supervision of the online recruitment industry,prior to the Li Wenxing incident,the Internet Information Office did not fulfill its pre-existing regulatory obligations.The newly implemented “Network Security Law” is also more principled in terms of the legal obligations of the regulatory authorities,and it cannot guidance supervises management departments well for law enforcement activities on the online recruitment industry.Fifth,the Internet Industry Association has not played an active role in the online recruitment industry.Industry associations have a unique role in the field of online recruitment.However,our country attaches more importance to the government's "control" of the Internet society and neglects the role of industry autonomy.This has led to the government often failing to do anything in network management,and its management efficiency is not high.Sixth,publishers of network information content did not strictly comply with the legal provisions prohibiting the publication of illegal content.In this case,the MLM organization that publishes inveracious recruitment information directly on the website shall bear the corresponding administrative and criminal liabilities;in other cases,it shall bear the legal liability according to the specific behavior of the publisher of the network information content.The third part is to improve the legal proposals for the online recruitment system.This article puts forward some useful thoughts from three aspects.First,itinnovatively stipulates the legal obligations of network information service providers.It is required to develop more secure information auditing technology,not only to refine the information review obligation,but also to increase the appropriate follow-up understanding obligations,and to require it to timely process user feedback and disclose all results to public.Second,to clarify the legal obligations and responsibilities of the supervisory and administrative departments.Take the spot check method as the main method,establish a credit disclosure system,strengthen the education of network job seekers,and support Internet technology innovation.Third,make industry associate play the role in online recruitment,establish a bridge between the network recruiters and candidates,improve the public reporting system.