平台规则监督管理
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构建互利共赢的平台治理机制
Zhong Guo Jing Ji Wang· 2026-01-09 06:49
Core Viewpoint - The introduction of the "Regulations on the Supervision and Management of Online Trading Platforms" is significant for regulating cutthroat competition, establishing a mutually beneficial governance mechanism for online trading platforms, protecting the legitimate rights and interests of all parties in the platform ecosystem, and promoting the healthy and sustainable development of the platform economy [1] Group 1: Regulatory Framework - The platform rules encompass service agreements and various transaction and governance rules established by online trading platform operators, possessing dual legal attributes [2] - The necessity for administrative supervision of platform rules is emphasized to ensure fairness and public interest, as existing laws do not sufficiently clarify certain issues [2] Group 2: Participation Rights - The regulations detail the procedural requirements for formulating and modifying platform rules, ensuring the participation and right to know for all parties, especially platform operators [3] - A seven-day public notice period is mandated before implementing general rules, and platforms must not coerce or induce operators or consumers to agree to new rules [3] Group 3: Execution and Appeal Mechanisms - New systems are established to safeguard the rights of platform operators and consumers to appeal and seek redress, addressing gaps in existing legal frameworks [4] - Platforms are required to inform operators and consumers of the facts and legal basis for any actions taken against them, ensuring timely and fair responses to appeals [4] Group 4: Focus on Operator Autonomy - The regulations address issues of excessive competition and the imposition of unreasonable conditions on operators, such as mandatory refund policies and unreasonable fees [5][6] - The regulations aim to prevent platforms from imposing unfair restrictions or additional unreasonable conditions on operators, thereby establishing a long-term mechanism to regulate cutthroat competition [6] Group 5: Collaborative Governance - The regulations encourage the establishment of a combined internal and external supervision mechanism for platform rules, promoting collaborative governance [7] - Platforms are urged to conduct self-assessments of compliance and seek external evaluations to enhance governance capabilities and optimize rules [7]
优化网络交易平台规则监督管理的制度框架
Zhong Guo Jing Ji Wang· 2026-01-09 06:49
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]