Research On The Types Of Administrative Duties Of Network Platforms

The development of platform economy not only brings convenience to people's production and life,but also causes a lot of social problems.In order to better govern cyberspace,China has adopted the three-way governance mode of “government-network platform-individual”,and made the network platform undertake the heavy responsibility of supervising cyberspace by legislating administrative duties of the network platform.In this new governance model,the network platform should not only assume the general administrative duties,but also become the bursar of the government's network law enforcement responsibilities to some extent.At the same time,it also means that the legislation endows the network platform with a large amount of supervision “power”.At this time,the role of the network platform has dual attributes,it is both the administrative counterpart and the supervisor of the network space.Obviously,the administrative duties to properly configure the network platform is the key to managing the network according to law.First,the thesis sorts out the current status of my country's legislation,and finds that legislation has a “one size fits all”,disregarding platform characteristics,and legislative conflicts in the allocation of administrative duties on the network platform.This not only makes the network governance ineffective,but also raises many new problems.For example,the “one size fits all” obligation allocation method causes some platforms to assume regulatory responsibilities that do not match their regulatory capabilities,which increases the burden on the platform,and the legislation on platform liability rules.The lack of pertinence in the design has caused some platforms to abuse their supervisory rights and infringe on the legitimate rights and interests of users.The root cause is that in the era of complex and diverse platforms,my country's governance of cyberspace lacks typed thinking.Legislation does not effectively consider the characteristics of various platforms when configuring administrative obligations for network platforms.Therefore,this thesis will use the typed thinking as a methodology to analyze the regulatory duties that the network platform needs to undertake,and try to establish a reasonable framework for the allocation of administrative duties on the network platform.According to the classification criteria,the types of platforms that conform to the logic of administrative obligation configuration are divided;secondly,the nature of the platform's operating behavior of the categories,the impact on national security,the public interest,thesize of regulatory capabilities,and the administrative jurisprudence are analyzed.The necessity and rationality of regulatory duties.Finally,this thesis puts forward two levels of suggestions for the improvement of the allocation of administrative duties on the network platform from a typification perspective:First,based on the commonality of platforms,all platforms need to assume general regulatory duties,including three stages of supervision before,during and after the event duties,personal information protection duties;Second,based on the characteristics of the platform,the technical service platform,information service platform and transaction service platform are configured with targeted administrative duties.The three types of platforms have their respective regulatory duties,and they undertake The types of duties and the design of corresponding liability rules are different.