优化网络交易平台规则监督管理的制度框架

Core Viewpoint - The rapid development of platform economy in China has led to significant roles played by large online trading platforms in the social economy, necessitating the establishment of effective rules and regulations to ensure order and protect the rights of all parties involved [1] Group 1: Issues in Platform Rule Management - There are notable issues in the practices of platform operators regarding the formulation, modification, and execution of platform rules, including arbitrary rule-making, abuse of rule-making authority, lack of transparency in rule enforcement, and inadequate appeal mechanisms for penalized merchants [1] - The implementation of the E-commerce Law since January 1, 2019, has mandated platform operators to create reasonable platform rules and maintain order within the platform [1] Group 2: New Regulatory Framework - The State Administration for Market Regulation and the National Internet Information Office have jointly developed the "Regulations on the Supervision and Management of Network Trading Platform Rules" to address the issues identified in platform rule management [2] - The new regulations aim to balance self-governance by platforms with external supervision, emphasizing the importance of external oversight to ensure the long-term development of the platform economy [2] Group 3: Design of Supervision Framework - The regulations combine procedural and substantive controls to ensure effective supervision and management of platform rules, focusing on transparency and the rights of stakeholders [3] - The framework encourages participation from various stakeholders, including platform operators and third-party organizations, in the governance and supervision of platform rules [3] Group 4: Highlights of the New Regulations - The regulations enhance the requirement for public disclosure of platform rules and increase transparency, including the establishment of user-friendly search functions for easy access to rule content [4] - A new requirement mandates platforms to publicly solicit opinions on rule modifications and maintain records of feedback, ensuring that reasonable suggestions are considered and documented [4] - Strict regulations are imposed on platforms that use technical means to coerce or mislead users into agreeing to rules without proper understanding, addressing the issue of "dark patterns" [5] Group 5: Execution of Platform Rules - The regulations strengthen procedural safeguards for both platform operators and consumers, requiring platforms to provide clear factual and legal bases when taking punitive actions against merchants [6] - The rules also stipulate fair allocation of the burden of proof in disputes between merchants and consumers, aiming to prevent abuse of power and ensure integrity in the enforcement process [6]