On judicial review of platform quasi-punishment power——Taking cases involving rules of violating users handling as an example
Platforms impose sanctions on violating users based on platform rules,which has the nature of quasi-punishment power and urgently requires judicial restraint.Platform rules often exist in the form of standard terms and should be subject to stricter scrutiny.However,courts in practice often adopt a humble attitude due to their respect for platform autonomy,leading to insufficiency of review both on the effectiveness and implementation of rules,making it difficult to effectively correct the imbalanced rights and obligations between platforms and users.Based on the obvious power gap between platforms and users,the court should rethink the essence of the platforms'quasi-punishment power and construct an approach that emphasizes both formal and substantive review,substantive and procedural review,and distinguishes the intensity of review.It is necessary to clearly indicate the obligation subject in formal review,introduce the principle of proportionality in substantive review,strengthen the application of the due process principle in procedure review,and comprehensively consider the source of platform power,the degree of impact on user rights,and the classification of platform levels in determining the intensity of review,in order to properly delineate the boundaries of court examination.
platform ruleshandling violating usersjudicial reviewintensity of review
国家科技期刊平台
NSTL
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