On The Notice And Announce System In Electronic Commerce Law

For the first time,the E-Commerce Law has provided for a declaration clause at the legal level,and the previous "notification-deletion" rules have not completely covered its content.This article creatively proposes two new concepts of the "notice-take action" rule and the "declaration-termination measure" rule,and collectively refer to them as the "notice-declaration" rule to make it more in line with legal requirements.The "notification-declaration" rule is a very core rule in the Electronic Commerce Act.The rules are reformed and innovated on the basis of the Tort Liability Law and the Regulations on the Protection of the Right of Information Network Dissemination.For example,for the first time,a statement clause was provided at the legal level;a malicious notification double compensation system was added;A 15-day waiting period after which the transmitted statement decides whether to sue or respond.Article 84 also establishes corresponding administrative responsibilities.In addition,this rule also has an important impact on the "Civil Code ·Tort Liability" which is being compiled,and directly affects the part of the network tort rule in the "Civil Code · Tort Liability".However,some provisions in the "E-Commerce Law" are still incomplete.For example,in Article 43(2)of the "E-Commerce Law",the setting of the 15-day waiting period is not completely reasonable,and it is still impossible to start at key nodes in product sales.To protect the rights and interests of operators in theplatform.In Article 84 of the E-Commerce Law,the correction of deadlines is a prerequisite for administrative agencies to fine e-commerce platforms,which is equivalent to a "safe haven" for e-commerce platforms,and cannot fully urge e-commerce platforms to take necessary measures in a timely manner.Measures to avoid the effects of damage in a timely manner.Regarding the eligibility requirements for "notification" and "declaration" in the rules and the double penalty compensation standard for malicious notifications,the law also does not clarify.Therefore,on the basis of the previous analysis and argumentation,in view of the above problems,this article puts forward specific suggestions for improving the "notification-declaration" rules in the Electronic Commerce Law.First,the requirements for compliance notification can be divided into legal compliance and agreed compliance.Legal eligibility is the lowest bottom line,that is,there is evidence to prove that a violation has occurred.Eligible by agreement means that the requirements for notification of eligibility can be set by the platform itself.However,the platform shall not argue that the notification issued by the notifier does not meet the requirements set by the platform.Second,the prerequisites for the administrative department to impose corresponding fines on the platform operator can be set to two,and the two can be punished accordingly when they meet the same conditions,that is,the platform operator rectifies indefinitely or the platform operator fails to give knowledge.The property right owner or the operator in the platform caused serious losses.Third,increase the protection of the rightsand interests of other interested parties outside the provisions of the Electronic Commerce Law.Fourth,if the right holder fails to provide evidence that an administrative complaint or civil lawsuit has been initiated within 15 days after receiving the transmitted statement,the e-commerce platform operator will directly restore the deleted content.At the same time,a guarantee system can be established to reduce the problem of delays in measures taken by e-commerce platforms and administrative agencies' punishment.Fifth,different "notifications" and "declarations" can be set for review criteria for copyright,trademark and patent rights to help the court decide.