Правовой статус оператора платформы электронной коммерции в КНР

Aleksandr P. Alekseenko

doi:10.21638/spbu25.2024.211

Authors

Aleksandr P. Alekseenko St. Petersburg State University https://orcid.org/0000-0003-0707-8372

DOI:

https://doi.org/10.21638/spbu25.2024.211

Abstract

In Russia, Issues of antitrust regulation of digital platforms’ (aggregators) activities, resolving of intra-platform disputes, and the responsibility of digital platforms’ operators (aggregator owners) before suppliers and buyers have become topical in Russia. In this regard, it is important to study the legal status of digital platform operators and, based on the analysis of foreign law, propose solutions that will improve Russian legislation. China is one of the world leaders in the sphere of digitalization and has extensive experience in regulating activities of digital platform operators. Basing on the method comparative legal analysis, as well as dogmatic interpretation, this paper scrutinizes legislation of Russia and China on digital platforms. The study finds key features of a digital platform including internal rules and software that allows the conclusion and execution of contracts and the interaction of sellers and buyers. Also, this paper provides a classification of types of digital platforms and observes rights and responsibilities of digital platform operators. The main attention is paid to the examination of the legal status of the operator of the e-commerce platform. For this purpose, the study analyzes the PRC Law “On Electronic Commerce” and the existing judicial practice on its application. The paper argues that in China, the operator of an e-commerce platform is a special market entity, endowed with administrative powers in relation to intra-platform business and bearing responsibilities that include informing sellers, buyers and government agencies, establishing an infrastructure for resolving disputes, protecting owners of intellectual property rights, ensuring the safety and quality of goods and services sold, maintaining the sustainable functioning of the platform. At the conclusion this paper proposes the ways of modernization of Russian legislation.

Keywords:

Chinese Law, China, digital platforms, aggregator, aggregator owner, digital platform operator, e-commerce, exclusive right, consumer rights

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