Platform rules are the basis of platform governance.By controlling their effectiveness,users'interests can be effectively protected and platform ecology can be optimized.However,there are cognitive errors in the existing legislation and judicial practice regarding the validity criteria of platform rules,which are difficult to deal with new network problems and real-ize the optimal governance of platform,and need to be reconstructed.In the digital space,platform rules have become a new type of embedded algorithm due to the factors such as the strengthening of platform public attributes,platform organization,mutual embedding of social relations and platform rules,and enforceability of platform rules.It is in the transitional zone be-tween contract and law,and its characteristics tend to be normative documents.Therefore,the validity judgment of platform rules can not be directly applied to the validity judgment norms of standard clauses,but should draw limited reference from the validity judgment standards such as administrative normative documents,and examine from three aspects:subject authority,procedure and entity content.When the"authority"of the platform rules is offside,or violates the formulation,modification,and reminder procedures,or the content violates the mandatory legal provisions,the principle of empowerment balance,the principle of proportionality,and the principle of non-discrimination,the corresponding provisions shall be invalid.
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维普
