论“通知–删除”规则在电子商务平台的法律适用

On the Legal Application of the “Notice-and-Takedown” Rule in E-Commerce Platforms

摘要: 电商平台侵害他人民事权益的案例日益增多，电商平台的虚拟性特征使之与实体商铺相区别，导致权利人寻求法律救济面临高昂成本。虽然避风港原则为权利人利益保护奠定了重要基础，然而遗憾的是，“通知–删除”规则却屡遭滥用，由此引发与反通知规则之间的利益不平衡。电商平台作为权利人与平台内经营者的重要联结点，其应承担的注意义务过于局限，对电商平台的经营环境造成了不利影响。有必要清晰界定权利人错误通知的法律责任范畴，通过健全反通知规则的法律体系，确保平台内经营者享有充分抗辩与救济途径，以优化电子商务平台的运营环境，促进平台的健康发展。

Abstract: Cases of e-commerce platforms infringing on the civil rights of others are increasing. Their virtual nature distinguishes them from physical shops, leading to high costs for rights holders seeking legal relief. Although the safe harbor principle has laid an important foundation for the protection of the interests of right holders. Unfortunately, the “notice-and-takedown” rule has been abused repeatedly, resulting in an imbalance of interests between the anti-notice rule and the safe harbor principle. As an important connection point between the right holder and the operators within the platform, the e-commerce platform should bear a limited duty of care, which has a negative impact on the operating environment of the e-commerce platform. It is necessary to clearly define the scope of legal liability for wrong notifications by right holders, and ensure that operators within the platform have sufficient defenses and remedies through a sound legal system of anti-notice rules. It is necessary to clearly define the appropriate duty of care required by e-commerce platforms to optimize the operating environment of e-commerce platforms and promote their healthy development.