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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]
剑指平台“仅退款”“会员降权” 网络交易平台新规出台
Xin Lang Cai Jing· 2026-01-07 08:59
Core Viewpoint - The article discusses the recent release of the "Network Transaction Platform Rules Supervision and Management Measures" by the State Administration for Market Regulation and the National Internet Information Office, aimed at regulating the rules of online transaction platforms to protect the rights and interests of all parties involved in online transactions [1][2]. Group 1: Key Aspects of the New Regulations - The regulations focus on enhancing transparency in platform governance by requiring platforms to publicly disclose rule-making and modification processes, ensuring participation and awareness of merchants and consumers [1][2]. - The regulations emphasize fair execution of rules, including the establishment of complaint rights and dispute resolution mechanisms to prevent arbitrary enforcement and abuse of rules [2][3]. - The regulations specifically prohibit unreasonable restrictions on merchants' autonomy, excessive fees, and penalties, aiming to protect the rights of both merchants and consumers [2][3]. Group 2: Implementation and Communication - The regulations mandate continuous public disclosure of platform rules, requiring clear and accessible content, with specific timelines for public notice before rule implementation [3]. - Platforms are required to solicit public opinions on rule changes and must provide justifications for any opinions not adopted, ensuring transparency in the decision-making process [3]. - The regulations encourage regular communication and consultation with stakeholders to gather feedback on rules that significantly impact various parties [3][4].