The Research On The Responsibility Of Algorithm Recommendation Service Provider Platform

algorithm recommendation technology has a profound impact on people’s life.The change of algorithmic recommendation business model compared with traditional recommendation model has brought challenges to China’s legislation and judicature.From the perspective of technical characteristics,the application of algorithm recommendation technology brings the appearance of "neutral" status to algorithm recommendation service providers,which is contrary to the identification of current judicial practice.The court’s acceptance of the defense of "technology neutrality" and the traditional cognition of the principle of "technology neutrality" are not enough to deal with the legal challenges brought by the application of algorithm recommendation technology.At present,China’s legislation on the responsibility of algorithm recommendation service provider platform is relatively scattered and has the characteristics of insufficient pertinence.In judicial practice,due to the failure to fully understand the algorithm recommendation technology,it has led to the misunderstanding of the legal status of the algorithm recommendation service provider,the confusion of direct infringement and indirect infringement,the recognition of "knowing or should know" is too broad,"the" notice deletion "rule fails to operate effectively,and the algorithm recommendation service provider’s duty of care has been raised to the duty of review.Therefore,it is necessary to clarify these problems one by one,and explore the perfect path of the responsibility of the algorithm recommendation service provider platform from the legislative,judicial and technical levels,reasonably allocate legal obligations to the platform,balance the interest relationship between the algorithm recommendation service provider and the obligee,and realize the benign development of the algorithm recommendation business model.