Research On The Legal Nature Of The Network Platform Rules

The rapid development of information technology and the transformation and upgrading of economic model promote the Internet industry to enter the era of platform economy,and network platforms have gradually become the main force of Internet ecological development.From the perspective of the development of network platforms,the penetration and control of network platforms on the society are also further strengthened with the increasingly close connection of the Internet shaping society.The network platform shows the dual attributes of new market operator and market regulator,which plays an important role in maintaining market order and platform governance.In this process,network platform rules become the main basis of platform governance.The basis of this normative system includes the binding force based on user agreement,the dominant force based on information and technological advantage,and the regulatory force based on national authorization.In order to ensure the rationality of the platform rules,the platform rules should follow the basic principles and balance the basic values in the formulation process.Further analysis shows that network platform rules follow certain governance logic in operation practice,which can be reflected in the investigation and analysis of Taobao platform rules.From the perspective of making rule,Taobao transaction processing rules are formulated by Taobao platform on the basis of fully soliciting opinions of all parties and following certain procedures.The text content has the characteristics of systematic and standardized legal rules,which plays a refining and supplementary role in existing legal norms.In terms of transaction management,Taobao platform rules comprehensively regulate the behaviors of Taobao merchants and consumers through credit evaluation mechanism and violation handling mechanism,including commodity information and quality management,transaction conclusion management and service guarantee management.From the perspective of dispute settlement,Taobao platform rules refer to the theoretical norms in the Procedure law to form two aspects of procedural rules and evential rules,which have a guiding role in solving Taobao transaction disputes.In a word,Taobao platform rules play an increasingly important role in regulating the behavior of platform users,managing platform affairs and resolving platform disputes,which gradually become an important basis to maintain the order of the platform.Combined with the analysis of Taobao rules,it can be seen that network platform rules have unique attributes.Based on the theory of normative system,we can further analysis platform rules.Comparing platform rules with existing social norms,it can be found that platform rules are different from existing norms in terms of formation process and functional characteristics.The rules of network platform not only have the normative function of adjusting the behavior of platform users and platform operators,but also show the normative function of publicity and management.Therefore,network platform rules are independent new social norms in essence,and the specific application of platform rules to platform users,platform operators and non-platform users fully shows the particularity of platform rules.Although the rules of the network platform play a governance role in maintaining the order of the platform,there are still practical problems in the governance process.Therefore,it is necessary to constantly improve the rules of the platform by optimizing the connection between the rules of the platform and legal norms,promoting the rationality of the platform rules,and strengthening the construction of the supervision mechanism of the platform rules.