Research On The “Notification—Deletion” Rule Of < Electronic Commerce Law>

With the rapid development of e-commerce,human society has been brought into the new Internet era.Physical stores have gradually faded out of people’s life,and online stores have become the main places for activities.While e-commerce is convenient for people’s business and life,it also brings more comfortable shopping experience to consumers.Therefore,people are more and more fond of e-commerce platforms,and many online transactions are completed on e-commerce platforms.In this case,in the new field of e-commerce,the phenomenon of intellectual property infringement will occur.Once this phenomenon happens,every action of e-commerce platforms will be paid attention to,and scholars and the public will pay more attention to it.Therefore,in order to meet the requirements of The Times,China’s e-commerce law was born as expected and implemented on January 1,2019.After the promulgation and implementation of the electronic commerce law,the rule of "notice-deletion" has been studied by many scholars.Therefore,in this article,the author of the electronic commerce laws to protect intellectual property rights infringement under "notice-delete" rule is analyzed,through the case to this rule is summarized in the implementation and the shortage of legislation and to NZ,the United States,Canada and other countries outside the rules in this aspect are studied,put forward they can draw lessons from in the place,and on this basis,to the electronic commerce law "notice-delete" rule the author thinks that to improve the situation of perfect measures are put forward.This paper divides the above contents into four parts,of which the content structure of each part is as follows:In the first part of the overview,the author mainly describes two aspects: the first aspect is how "electronic commerce law" was enacted and passed;The second aspect is the analysis of the "notice-delete" rule in the "electronic commerce law",and describes the theoretical basis of this rule in the "electronic commerce law".The second part of the "notice-delete" rule in China’s implementation of the status quo and the existing shortcomings are discussed and analyzed.In the aspects of insufficient,the author mainly studies the aspect of judicial practice and legislation,to combine theory and practice,by studying the related cases,put forward the electronic commerce law "notice-delete" rule of deficiencies and defects,for its insufficient and defect,the author conducted a study mainly from the following several aspects: one is the status of the electric business platform is not sure;Secondly,the reasonable care obligation cannot be clearly defined.Third,there are no definite requirements for notification;Fourth,there is no provision for "defect notice";Fifth,there are still imperfect situations in the identification of responsibility;Sixth,the hidden loss can not be compensated;Finally,the limitation of this rule is not clear.The third part is the analysis introduced the New Zealand,these countries outside the United States,the European Union and Canada in this aspect of legal regulation,and to the countries outside the unique rules are studied,mainly including the following aspects: first,the author analyzes the haven rules in the United States,primarily through its content,combining case to discuss;Secondly,the author introduces the "three strikes and you’re out" system created by NZ,and analyzes its formulation process and main contents.Furthermore,the author introduces the "notice-notice" rule in Canada.Finally,it analyzes the legal regulation of eu in this aspect.Through these analyses,the author puts forward four key points that the extraterritorial system should be used for reference in China.The second point is to uphold the principle of balance of interests;The third point is to adhere to e-commerce platform neutrality;A final lesson is to prevent abuse.The fourth part is the author in view of the electronic commerce law "notice-delete rules have put forward perfect measures and the problems of thinking,in this part,the author first expounds the necessity of perfecting the rules,and then the author through a combination of excellent outside experience and problems of practice and legislation in our country,discusses how to perfect the e-commerce law" notice-delete "rule.The main improvement measures are as follows: the firstimprovement measure is to make the status of e-commerce platform clear,the main key point is to determine the neutrality of e-commerce platform;The second improvement measure is to clearly define the duty of reasonable care.Here,the author divides the duty of reasonable care into two parts.The first part is the duty of active care after the event,and the second part is the duty of passive care when the event occurs.The third improvement measure is to determine the requirements of notification and to perfect the punishment of malicious complaint.In terms of notification requirements,the author puts forward his own improvement measures from the three aspects of notification subject,prima facie evidence and notification content.The fourth is the perfection of "defect notice",which is to improve the definition and correction of "defect notice".Finally,it is the perfection of the tort liability determination,the compensation of the hidden loss and the determination of the limitation of this rule.The innovation of this paper lies in following the legislative hot spot,analyzing the reasonable duty of care of the e-commerce platform in this rule through legislation and practice,asking the complainant to provide guarantee to improve the punishment mechanism of malicious complaint,proposing the compensation standard of "malicious notice" and the compensation method of "defect notice",and proposing the hidden loss claim.