Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2023, Vol. 25 ›› Issue (4): 55-63.doi: 10.19722/j.cnki.1008-7729.2023.0022

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Judicial Review of Autonomous Norms for Online Platforms

  

  1. School of Law, Zhengzhou University, Zhengzhou 450001, China
  • Online:2023-08-31 Published:2023-09-04

Abstract: As an external form of online platform autonomy, online platform autonomous norms regulate social relations in cyberspace and carries the self-will of online platforms. On the surface, the autonomous norms of online platforms have the basic characteristics of private contracts, but in essence, the autonomous norms of online platforms are the manifestation of the “private power” of the platforms and have the nature of “quasi-law”.The necessity of judicial review of the autonomous norms of online platforms can be understood from four aspects: restraining the unlimited expansion of platform power, judicial authorities’ participation in platform governance, realizing the modernization of online platform governance, and remedying the rights and interests of online users. At present, the judicial authorities in China are not uniform in their standards of review of the autonomous norms for online platforms. The judicial review of the autonomous norms for online platforms should be improved in the following directions: to clarify the scope of judicial review; to break through the boundaries of private laws and to adopt a review standard combining legality and reasonableness; to distinguish different judicial review results; and to strengthen the coordination between judicial review and administrative management.

Key words:  , online platforms, platform autonomous norms, judicial review 

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