Research On The Validity Of Network Platform Autonomy Rules

In order to adapt to the development of the platform economy,the network platform has platform autonomy by virtue of its market subject status,its absolute advantage in its own technical resources,the lag of traditional laws,and the transfer of platform user rights,and can formulate network platform autonomy rules.The autonomous rules of the network platform are flexible and fast to formulate,and a huge system of rules has been formed to maintain the order of the platform and the rights and interests of platform users and operators.However,the main body of autonomous rules is different from the law,and there are a large number of platforms and diverse rules,which leads to an increasing number of disputes arising from the effectiveness of platform autonomy rules in judicial practice.How to determine whether the autonomous rules of the network platform are effective has become the key problem to be solved in safeguarding the legitimate rights and interests of platform users and operators.Sample cases show that the focus of disputes in cases of disputes over the validity of online platform autonomy rules mainly lies in how to locate the attributes of online platform autonomy rules,whether they are effective,how to choose the criteria for determining validity,and how to make judicial decisions when they are inconsistent with legal norms.The law does not provide clear and detailed provisions on the above issues.In academic theory and judicial practice,the understanding of the attributes of network platform autonomy rules includes "only standard terms","both standard terms and management specifications","platform autonomy".management practices” and “having the nature of public power”.Each point of view has its own advantages and disadvantages,but through theoretical analysis and case comparison,dividing the network platform autonomy rules into two can better highlight the characteristics of the rules and protect the interests of all parties to the greatest extent possible.In the network platform autonomy rules,the network platform service agreement with the binding force of private law has the attributes of a standard contract,and it should be checked whether it is legal and valid in accordance with the requirements of the standard contract;while various other network platform rules have management specifications.property,we should examine whether it violates the principles of legal priority and legal reservation,and whether it meets the requirements of Article 32 of the "E-commerce Law",such as the principles of fairness,openness,and impartiality.