On the Adjustment and Adaptation of Civil Liability Rules for the Internet Platforms under Functionalism Approach
The current normative approach to regulating liability of the Internet platforms responsibility is lacking in the protection of the interests of consumers or users.Under the functionalism approach,the institutional supply of the platform responsibility is more suf-ficient,more in line with the development status quo of the"smart information society",and thus more conducive to comprehensively protecting the rights and interests of the platform consumers,users and related parties.The existing legal structure for platform civil lia-bility has not yet got good feedback on application,particularly in areas such as platform employment,safety assurance,and content regulation.The main reason for this is the lack of interpretative models and systematic research on civil liability under the functionalism approach.The functionalist regulatory approach is a superior theoretical choice and practical modal for the current field of platform civil liability.An ideal embedding of the functionalist approach should fully consider the differences in the positioning of various entities and their leaderships,and strengthen the substantive reviews of the scope of liability and purposive assessments of the specific regulatory content,so as to balance the reasonable and specific responsibilities of the relevant parties.
functionalismsmart societyplatform responsibilityprotection of users'right and interests"notice and takedown"rule