Research On Platform Liability Of WeChat-Business Illegal Management

At present,e-commerce has become a pillar industry of China's economic development.In 2018,China promulgated a special "E-Commerce Law" to regulate ecommerce behavior,with the intention of promoting the sustainable and healthy development of the e-commerce industry.With the in-depth development of ecommerce in China,a special e-commerce model-WeChat-Business began to appear and affect our social life.WeChat is a space based on the mobile Internet.With the help of social software as a tool,the e-commerce activities carried out with the social connection between people have typical social characteristics,which are different from traditional e-commerce transactions.At present,WeChat has become China's largest social platform,and e-commerce using WeChat has become the most typical WeChat activity.While WeChat facilitates our lives,it also raises a series of legal issues.Among them,the issue of platform liability for the illegal operation of WeChat deserves special attention.Whether the behavior of WeChat Business belongs to the adjustment object of the "E-Commerce Law",the "E-Commerce Law" has not made a clear response,and there are many controversies in this field.It is worth noting that Article 9 of the Law clarifies the concept of e-commerce operators in the form of general provisions,which makes it possible to include WeChat-Businesses within the scope of regulation of the Ecommerce Law.However,the legislation is only clarified on the main body,but it does not make specific provisions for the platform responsibility of the illegal operation of WeChat.Obviously,it is inappropriate to allow social platforms like WeChat to bear the same legal responsibilities as e-commerce platforms like Taobao,JD.com and Pinduoduo,as this not only prevents WeChat 's illegal business operations from being effectively regulated,but in turn will reasonably increasing the WeChat platform responsibility,while hindering the healthy development of the WeChat industry,will also have an impact on the social function of the social platform.In view of this,this article intends to use the WeChat platform as an example to study the platform responsibility of illegal operation of WeChat.For the first time,the legal regulation of a certain behavior requires the definition and extension of the behavior.As a new business model,it is necessary to explain the business subject and the nature of business behavior.The nature of the business entity is clarified by its difference from the traditional e-commerce behavior;the nature of the business behavior is type-analyzed by specifically distinguishing between WeChat 's advertising and commodity trading behavior.Through analysis,it can be concluded that although the newly promulgated "E-commerce Law" includes WeChat in its adjustment range,the actual regulatory effect is very limited,so we need to explore the relevant responsibilities of WeChat platform,which is WeChat's supporting platform.According to legal principles,legal subjects should not assume legal responsibility for no apparent reason.Similarly,the responsibility of WeChat platform as a third-party platform should be based on certain rationality.This rationality includes the harmfulness of WeChat 's illegal business operations and the current dilemma of its supervision,as well as the theoretical basis including risk control theory,corporate social responsibility theory and compensation principles.The responsibility of the WeChat platform can be divided into three types of legal responsibilities: civil,administrative and criminal.The determination includes both the components of the responsibility and the form of the responsibility,so as to better clarify under what circumstances the WeChat platform needs to bear responsibility.Strict platform responsibilities for WeChat platforms are part of the government's regulatory governance.The current regulatory standards have failed to provide a comprehensive and effective platform responsibility foundation.The system design should be based on the concept of economic law,social interest and the state's appropriate intervention,combined with the current legal norms,and a specific system optimization plan should be proposed.