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专访全国政协委员、北京市第四中级人民法院副院长李迎新:明确用户权益与平台发展责任界限,为良性竞争提供行为指引
证券时报·2025-03-08 11:35

Core Viewpoint - The rapid increase in internet-related civil and commercial disputes, particularly in areas like live streaming sales and paid content, poses challenges in balancing user rights protection and platform development [1] Group 1: Trends in Internet Disputes - The number of internet-related civil and commercial disputes has significantly increased, with cases rising from over 200 in 2022 to around 700 in the following year [3] - Common types of disputes include information network sales contract disputes, product liability disputes, and network service contract disputes, often arising from issues like fraud, product quality, and service cancellations [3] Group 2: Responsibilities of Platforms - Platforms are expected to actively assume both platform and social responsibilities, ensuring consumer protection through rigorous vetting of merchants and maintaining adequate compensation funds for high-risk products [4] - The courts aim to balance user rights and platform development by correctly applying laws such as the Civil Code and the E-commerce Law, while considering the unique characteristics of the digital platform industry [4] Group 3: Live Streaming Sales Disputes - The number of consumer disputes related to live streaming sales is on the rise, with a diverse range of products involved, reflecting an increasing consumer demand in this sector [7] - In live streaming sales, merchants have a heightened duty of care, and platforms must adhere to a fault liability principle to determine responsibility [8] Group 4: Regulation of Digital Platforms - Courts can regulate digital platform operations by properly adjudicating cases related to new transaction models, combating infringement, and providing judicial guidance through typical case publications [11] - The judiciary aims to establish clear rules for new types of disputes arising from digital platforms, such as data ownership and algorithm regulation [11] Group 5: Competition and Legal Framework - "Involution" competition can lead to resource waste and a focus on short-term results over long-term innovation, necessitating judicial oversight to ensure fair competition [12] - Courts should apply laws like the Anti-Monopoly Law and the Anti-Unfair Competition Law to maintain fairness in competitive practices [12]