Following the "E -commerce Law", set up an ex -e -commerce platform、In the event、After the self -regulatory obligations of the full process afterwards，my country's online legislation has attached great importance to the increase in "platform obligations" in recent years，Legislators try to set it through a full range of obligation，Let the network platform manage the "responsibility field"，Actively control the operator on the platform，To alleviate the government's external supervision burden。For example，The State Administration of Market Supervision and Administration The "Internet Advertising Management Measures (Draft for Public Consultation)" issued by the State Administration of Market Supervision and Administration Article 13 requires that the online platform is required to take measures to prevent and stop false violations advertisements，Strengthen advertising file management and content inspections，Report and stop the criminal behavior in the platform，It is even required to conduct a warning to the offenders in accordance with the service agreement、Publicity and other punishment measures。The "Internet Platform Classification Terring Guide (Draft Draft)" and "Draft for Opinions) and the" Draft for the Implementation of the Internet Platform "(Consumer Prosperity Draft), which are released on October 29, 2021, detailed the platform type and obligations，Requirement "Improve the internal compliance system and compliance mechanism，Actively respond to the regulatory requirements of the regulatory authorities "。This legislative trend contains a phenomenon worthy of attention -part of the regulatory right of network space is transferring from government agencies to network platforms。

　　Bet365 lotto review

All phenomena in the network space are inseparable bet365 Play online games from information technology，illegal behavior is also the same。The Internet technology and information barriers provide convenience for illegal acts to evade supervision，If there is no technical support，Regulatory agencies can only look at the ocean sigh。But the network platform is not the same，Large network platforms in the digital economy era plays the role of information communication hub and technology engine，The location of the information and technical gate in which they are located determines that the platform has potential influence and speech for Internet governance。For most transactions in today's network space，Online platforms usually have more significant information and technical advantages than government regulators，As far as the affairs on the platform are concerned，Only "disconnecting links" is enough to cut off the spread of illegal acts，This technical giving power determines that the platform will be great in the field of network supervision。For example, the sensitive word interception through the network platform，It can avoid the "market patrol" of the Dahai Lao Needle -type needle of the regulatory organs。Compared with，It is difficult，The comparative advantage of network information and technology determines that the network platform will become the best "private monitor"。

For this，The ideal solution is to promote the complementary cooperation between the network platform and the regulatory authority。But the question is，The online platform belongs to a civil subject under the market economy conditions，Your own motivation and meaning autonomy is its fundamental action standard，Platform is not a government agency with public functions。In such a public -private binary pattern，The key to the problem is，How to give full play to the information and technical advantages of the online platform to assist the government supervision? In most instances，Create an orderly network market with the personal profit -based motivation of the network platform，This bet365 best casino games state of incentive compatibility will drive the platform to actively participate in Internet governance。But there is no doubt，The private interest motivation of the network platform and the public governance goals are inevitable.，For example，Platform's action guidelines may deviate from the Internet's public governance goals。In this case，In theory, it is impossible to expect that the network platform will actively participate in Internet governance in any case。At this time，If you want to give full play to the comparative advantage of the network platform，If you have to conduct external intervention，Legislative setting "Platform Coordination Supervision Obligation" is born from this。

　　triple boundary

First，legitimacy boundary at the legal level。If the theoretical basis of the network platform as a collaborative regulator is to have information and technical advantages，So，Where the comparative advantage beyond the platform，The coordinated supervision obligation of the platform will also lose the legal basis。For example，Of course, the network platform can ban illegal accounts in the platform with a convenient means，But not all platforms can discover illegal acts in other people's accounts as soon as possible，Especially for the rental network space、This is the same as a network platform that provides self -media account services。Such platforms can usually find obvious illegal acts in the platform with technical means and cost advantages，But if you want to check all，The cost and technical problem of the "last mile" will face。Take the Advertising Supervision as an example，illegal advertisements in the management and control platform are first recognized which are advertisements，and the soft text and implant advertising pattern of the media platform refurbishment，Unless one -on -one artificial recognition，Otherwise, it is difficult to ensure that the advertisement on the platform is absolutely compliant。So，The setting of the platform obligation should grasp the reasonable Bet365 lotto review "degree"，Just right to "build a more orderly market at a lower cost"。The "Hande Formula" in French Economics provides reference benchmark for this，is "Is it cost -effective to take preventive measures? If the answer is 'Yes'，Then the actor does not meet the best prevention standards，So as responsible; if the answer is ‘No’，The optimal prevention standard has been reached "。Article 45 of the "Advertising Law" in my country is the management and control obligation of "knowing or knowing" conditions set by Internet information service providers.。

2，Upper Location Method Border。The collaborative supervision obligations of the network platform belong to the public law obligation of administrative counterparts，It is essentially a transfer of regulatory rights，The principle of public law should be followed by the public law of "no law can not do"。So，The collaborative supervision obligation of the network platform shall be set by national legislation。But considering the rapid changes and complicated legislative procedures of the Internet，my country has also started to set up platform obligations through administrative regulations and regulations in recent years，But must meet the conditions and border of the "Legislative Law", "Regulations on Administrative Regulations", "Regulations on the Regulations"。For example, Article 3, paragraph 2, paragraph 2 of the "Regulations Development Procedure Regulations"，If there is no basis for the superior method，"The departmental regulations shall not set up damage to citizens、The rights of legal person and other organizations or increase their obligations "。The "obligation" here of course includes the coordinated supervision obligations of the platform。

third，The boundary of the adjacent method and the boundary of the system integration。The legislation of the law system in mainland China is a combination of system integration，Any order legislation should observe the established rules of the adjacent law，Avoid system conflict。For example, "Administrative Measures for Internet bet365 live casino games Advertising (Draft for Public Consultation)" requires an illegal person in the "publicity to the society" through the platform rules。The reputation effect of publicity is a good regulatory tool，With a broad sense of punishment，But as a civil subject，The "publicity" of the online platform's "publicity" on the platform should be based on independent decisions。If "publicity" error causes reputation/goodwill infringement，Follow the principle of risk on the basis of autonomy，Principles of fault liability for applicable infringements。But if "publicity" is the legal obligation of regulations，Not only will it disrupt the meaning of autonomy and liability for the infringement method，It will also provide excuses for publicity errors or abuse of publicity methods。So，Whether "publicity" should be independently determined by the platform，It should not be enforced for compulsory。Similar situations are more common in the field of personal privacy/personal information protection，Requires the obligation of illegal advertising on the network platform inspection platform，It is easy to be associated with the personal privacy/personal information protection clauses in the current law。

　　Legislative mode

Today's network platform has both common and personality，The setting of the platform coordinated supervision obligations must fully respect the technical framework and business model differences between different platforms，Avoid the disadvantages of mechanicalism of "one -size -fits -all" legislation。"One -size -fits -all" legislative cost is low，But the legacy is endless。Some seemingly moderate obligation settings are for some platforms with strong capabilities，It may be far from enough，But for other platforms，Perhaps I can’t follow the heart。Insufficient control of the former is excessive with the latter's control，can all cause the platform's opportunity behavior and defense strategies，Then deviate from regulatory bet365 live casino games target。Research indicates，It is not a linear relationship between regulatory strength and supervision effect，stronger supervision is not equal to better supervision effect，Just right to be compatible with incentive is the best solution，Even more like this in the field of collaborative supervision，Only incentive compatibility can cooperate and win -win。This needs to work hard on legislative technology。

Taking platform obligations as the standard，The network platform on the current law can be roughly divided into three categories: First, Internet information service provider，Its obligations are limited to the rules of the airport and the expansion version of the rules of the airport (knowing or under the control obligations of the condition); the second is the e -commerce platform，E -commerce Law sets a series of collaborative supervision obligations for it; third is a platform that constitutes other specific legal subjects，If an advertising operator、Publisher platform, etc.，The special provisions of its obligation to apply the one -line method。This is the basic distinction framework of the platform in my country。Based on this，The lower method should respect the nature of the platform，Setting platform obligations with the idea of ​​"general terms+distinction"。"General Terms" focuses on extracting the number of conventions，Refine the common obligations of a certain type of platform，"Different Treatment" focuses on the refined development of the current law。The so -called "refinement" is mainly through the second or third class categories，Tailoring and coordinated supervision obligations for different platforms，"Draft for Classification of Internet Platform Classification (Draft for Opinions)" belongs to this category; so -called "development" is mainly to explain the platform obligation set by the upper method，For example, explain the scope and boundary of "knowing or knowing" in combination with different platform modes or scenes，Especially the elastic range of "should know" will derive many attention bet365 live casino games obligations。The platform obligation system tailored by this，Help the platform to actively build the internal control mechanism that matches its business and technical capabilities，Continuous optimization prevention measures，A joint dedication to "build a more orderly network market at a lower cost" with an external regulatory authority。

　(The author is a professor at the School of Law of Nanjing University)