The Insufficiency And Improvement Of The "Notification-Counter-Notification" Rule In The E-Commerce Law

Since internet technology is developing rapidly,digital economy has become a popular spot of economic growth with the fiercest development momentum.However,the number of intellectual property infringement in e-commerce industry is growing,which has affected the healthy development of the Internet industry and then restricted the growth of the Internet economy.In China,the introduction of the system of "safe haven" is not complete and sufficient yet.The academic circle tends to pay more attention to the "notification-removal" rule,and there are just a few researchers on the "counter-notification-restoration" rule.In the realistic legislation and practice,there is a problem of the unbalance of the rule of "notification-counter notification",and only by the cohesion and coordination of the rule of "counter notice-restore" and the rule of "notification-removal",can the function and value of the system be better played.There are still some deficiencies in the "notice-counter notice" rule in Chinese E-commerce Law,which causes the imbalance happened in the rights allocation of the subject of the rule.The current law does not specify what criteria a valid notice should meet and what evidentiary material should be included,which means it is difficult to define whether a notice or counter-notice is qualified.Moreover,the processing time of notice and counter-notice on e-commerce platform,which is not conducive to the protection of the operators’ rights in e-commerce platform is unequal.Therefore,it is required to establish clear constitutive requirements of qualified notice and construct a "15-day" flexible waiting period to restrain the problem of "notice-counter notice" time-limitation imbalance.E-commerce platforms is the third party providing network intermediary services,who actually have censorship obligations,but the censorship obligations have not been detailed,and the censorship standards have not been determined.This results in the lack of effective review capabilities of platforms.Combined with relevant judgments,it is considered that the formal review obligations and review standards of e-commerce platforms should be clarified to standardize the review responsibilities of platforms.Due to the low illegal cost of spam notice and certain defects in the notification right itself,the phenomenon of spam notice and malicious notice by the right holder exists in practice.Big data can be used to establish complaint stratification mechanism,credit evaluation mechanism,guarantee and "web page freeze" mechanism to regulate.Due to it is so difficult to the relief of operators in the e-commerce platform,increasing the anti-notice pre-mechanism to guarantee the right of the operators in the platform to defend,could be a better solution because at the same time it can explore the mode of third-party institutions to review the notice of infringement.In the context of the implementation of the Civil Code and the Electronic Commerce Law,this paper sorts out the problem of imbalance in the allocation of rights in the "notification-counter-notification" rule,then summarizes the consequences of the inadequacy of the rule,and proposes corresponding improvement measures to seek the status of the party Balance and promote the prosperity and development of the e-commerce industry.