Exploration On The Administrative Responsibility Of Internet Platform

In the context of the new era,the Internet platform has become an important medium for the development of China's Internet,and an important support to support mass entrepreneurship and innovation.While the Internet platform is prosperous and developing,there are also problems and risks.Frequent Internet violations have pushed the accountability of the Internet platform to the forefront of the storm.Internet platform has dual attributes of market private subject and public platform,relying on its own information advantages and control advantages,it has a strong network ecological governance function in essence.Therefore,the regulatory authorities formally endow the platform with a large number of regulatory obligations.The setting of these obligations and the control of the platform in the network ecosystem make the Internet platform have the legal status of the private power subject,so it is different from the general market subject in the bearing of related responsibilities.The role of the Internet platform has undergone significant changes,both as an administrative counterpart and as a user's supervisor.In this case,the dual responsibilities of the Internet platform arise,that is,the general administrative responsibility based on the relative person and the regulatory administrative responsibility based on the regulatory obligation.This article focuses on the administrative responsibility of the special subject of Internet platform,starting from the source of responsibility,specifically analyses the current legislation and law enforcement status of the administrative responsibility of Internet platform,and puts forward specific countermeasures to implement the administrative responsibility of Internet through the excavation of problems.Firstly,the nature of Internet platform is the dual attributes of private market and public platform.The legal status of Internet platform is the third party subject in administrative law.The so-called administrative responsibility of Internet platform refers to that Internet platform,as the subject of administrative legal relationship,violates administrative legal obligations and constitutes administrative violation,accepts negative evaluation of administrative law norms and undertakes adverse administrative law consequences without constituting a criminal offence.Therefore,the administrative responsibility of Internet platform is composed of administrative obligation and administrative responsibility which interact with each other.In the process of development and evolution,the Internet platform has transformed its functions from passively transmitting information to actively undertaking information supervision similar to "gatekeeper".The Internet platform,relying on its own control advantages,has the possibility of implementing administrative responsibility,and then generates the basis of the obligation of supervision,and gradually rises to the obligation of administrative law.Current legislation and law enforcement departments set a large number of administrative law obligations for the Internet platform,requiring them to fulfill their own responsibilities,which is the source of responsibility at the normative level.Secondly,the administrative responsibility of the Internet platform is divided into three levels,namely,the Internet platform assumes the responsibility of supervision in advance,the Internet platform assumes the responsibility of supervision in the event,and the Internet platform assumes the responsibility of assistance after the event.Observing the current regulatory legal system has regulated the chaos of Internet platforms to a certain extent,but there are still many legislative defects and law enforcement drawbacks.The current legal norms of Internet platform liability are polarized between civil and criminal law,weak administrative legislation,low rank of relevant administrative legislation norms,lack of basic regulatory laws,and internal norms are not uniform.In terms of specific administrative law obligations and responsibilities,the relevant administrative normative documents do not categorize and hierarchize the administrative responsibilities of Internet platforms,and the definition and legal status of Internet platforms need to be clarified.Whether the Internet platform can be regulated by an effective and appropriate legal system is directly related to the steady development of the Internet industry and the stability of social order,and has a far-reaching impact on the innovation of the Internet platform.In the field of administrative law,Internet platforms are required to assume more administrative obligations and responsibilities,but there is no clear stipulation on the extent to which Internet platforms can be exempted from their obligations.The design of administrative responsibility of Internet platform should not only satisfy the current regulatory needs of the chaotic Internet platform,but also implement the concept of encouraging scientific and technological innovation from the perspective of development,so as to leave a reasonable space for the development and innovation of Internet platform,a new thing.Finally,aiming at the above problems,the paper puts forward two suggestions.Firstly,we should improve the legislative system of administrative responsibility of Internet platform.Firstly,we should construct a binary normative pattern with laws and implementation rules,and secondly,we should build a three-dimensional normative system with linkage mechanism and exemption mechanism.Secondly,we should optimize the enforcement mechanism of administrative responsibility of Internet platform.First,we should clarify the boundaries of responsibility and build a fine law enforcement system.Second,we should introduce third-party credit evaluation and dispute resolution organizations.