Research On The Regulatory Obligations Of Third-party Platforms For Drug Online Transactions

The newly revised Drug Administration Law requires third-party online drug trading platforms to undertake part of the regulatory obligations.However,it is not difficult to find that third-party platforms generally fail to fulfill their obligations in accordance with the original intention of legislators by reviewing the precedents of drug trading disputes in practice.The main reason lies in the unclear connotation and extension of the legal obligations of third-party platform supervision.It should be noted that the duty of supervision based on public order in public law is different from the duty of care as an imputation element in private law.The logical starting point of the two is completely different,but they are easily confused in law.The original legislative purpose of the duty of care in private law is to realize the relief of the infringed right,while the supervisory duty in public law is to effectively maintain the network public order.Based on the fundamental purpose of regulating the online drug trading environment,this paper reviews the current setting of regulatory obligations from the perspective of third-party platforms.The third party platform has certain advantages in the intervention of illegal online transactions,but the setting of regulatory obligations also needs to be based on its technical and economic capabilities.The current legislative trend of excessive expansion of platform regulatory obligations is worth discussing.Focusing on the regulatory obligations of third-party platforms,this paper is divided into four parts to analyze the current legal provisions and practical dilemmas,and put forward ideas to improve the reasonable construction of regulatory obligations rules of platforms.The first part is an overview of the regulatory obligations of third-party platforms.It defines the concept and subject scope of third-party platforms by tracing the historical evolution of relevant systems and analyzing the current online transaction mode,and discusses the theoretical and practical basis for platforms to undertake regulatory obligations from the current regulatory dilemma.In the logical order of "what is regulation","why regulation" and "who should regulate",the legitimacy,necessity and feasibility of platforms undertaking regulatory obligations are expounded.The second part is about the third party platform's supervision obligation in advance--qualification audit obligation.Through the analysis of relevant institutional provisions,the ambiguity of legal provisions is pointed out.There has not been a clear response on whether the platform undertakes formal audit or substantive audit,access audit or continuous audit.Through sorting out the relevant cases,it is found that in practice,the platform is not strict in verifying the operators' access qualification and the platform cannot update the operators' qualification in time.The paper also analyzes the causes of the difficulties in the implementation of the third-party platform's regulatory obligations in advance from the aspects of government data openness limitation and platform algorithm defects.The third part is about the supervision obligation of the third party platform--report and management obligation.Through the analysis of relevant regulations,it points out that the scope and boundary of legal provisions are unclear.The scope of third-party platform management activities and whether the platform should be actively or passively monitored is unclear.Through sorting out related cases of the same type,summed up the problems of drug advertising and prescription drug sales standards in practice.The causes of the difficulties in the practice of regulatory obligations of third-party platforms were analyzed from the aspects of the lack of online drug trading regulatory norms,the weak accountability of government departments to the platform,and the lack of internal motivation for the platform to fulfill its obligations.The fourth part put forward basis according to the principle of proportion and expected possibility principle,with platform technology control ability and the economic affordability factor,further refine platform audit standards,clear management obligations.The platform incentive mechanism and drug advertising access code system are added in the rule setting,and the subjective fault identification mechanism of the platform is established with algorithm deployment as the core,which not only clarifies the administrative liability limit of the platform,but also enhances the rationality of government departments' accountability.Finally,by referring to the diversified regulatory model of the United States,it is suggested to give play to the important power of China's industry associations and licensed pharmacists,and put forward the design idea of constructing a new model of cooperative governance of online drug transactions.