互联网治理视域中的平台责任研究

Research on Platform Responsibility in Internet Governance

互联网治理呼唤多元主体合作共治,作为政府与网络用户的链接纽带,网络平台已经承担起治理责任。平台责任的理论基础包括公共理论、行政法原理与权责一致原则;根据责任的两面性,平台责任分为积极作为义务和消极不利后果,在我国法律规范中表现为行政义务和行政责任;行政义务分成行为责任、结果责任、制度责任和原则性责任;平台责任的实现有赖于传统和非传统的路径。

Internet governance calls for the cooperation and joint management of multi-subject.As a link between government and network users,internet platform has assumed governance liability.The theoretical basis of platform responsibility includes public theory,corporate social responsibility,and the theories of administrative law and the principle of Responsibility in Accord with Authority.According to the duality of responsibility,the platform responsibility is divided into positive to-do obligation and negative consequences.It is shown as administrative obligations and administrative responsibilities in our legal system.Administrative obligations are further categorized into behavioral responsibility,result responsibility,institutionalized responsibility and principled responsibility.And the realization of platform responsibility depends on the traditional and nontraditional path.