期刊文献+
任意字段
题名或关键词
题名
关键词
摘要
作者
第一作者
机构
刊名
分类号
参考文献
作者简介
基金资助
栏目信息
共找到2篇文章
< 1 >
每页显示 20 50 100
已选0条
引用分析
参考文献
引证文献
 统计分析
检索结果
已选文献
显示方式：
Functional Reconstruction of the Safe Harbour Rule for E-commerce Platforms in the Context of Artificial Intelligence and Cloud Computing:A Comparative Study of China and the European Union 认领 引用
1
作者 Wuling Ying Xiaolong He 《LEGAL》 2026年第2期1-15,共15页
The safe harbour rule is a fundamental rule in the liability regime for online platforms.Its basic function is to prevent platforms from bearing excessive liability for third-party content,product information,or trans... The safe harbour rule is a fundamental rule in the liability regime for online platforms.Its basic function is to prevent platforms from bearing excessive liability for third-party content,product information,or transactional conduct,while requiring them to take necessary measures once they have knowledge of infringement or receive a valid notice.This rule was justified in the early Internet environment.At that stage,platforms mainly provided information storage,transmission,and transactional channels.It was neither realistic nor desirable to require them to conduct comprehensive ex ante review of massive amounts of content and transactions.However,artificial intelligence(AI)and cloud computing are changing the factual basis on which the safe harbour rule applies to e-commerce platforms.Modern e-commerce platforms do not merely store product information.They also influence transactions through cloud-based data processing,algorithmic recommendation,search ranking,advertising placement,automated review,and dispute resolution mechanisms.Platforms can centralize and process merchant qualifications,transaction records,consumer reviews,complaint data,and abnormal transaction signals.They may also participate in the display,optimization,and dissemination of product information through recommender systems and generative AI tools.Against this background,it is increasingly difficult to describe e-commerce platforms simply as passive intermediaries.From a comparative perspective between China and the European Union(EU),this article examines the functional reconstruction of the safe harbour rule for e-commerce platforms in the context of AI and cloud computing.EU law retains intermediary liability exemptions,while strengthening platform duties concerning notice and action,statements of reasons,internal complaint handling,trader traceability,recommender-system transparency,and systemic risk governance under the Digital Services Act(DSA).Chinese law has developed a more fragmented framework through the Civil Code,the E-Commerce Law,rules on algorithmic recommendation,and generative AI regulation.This article argues that the future application of the safe harbour rule to e-commerce platforms should not depend solely on whether the relevant information originates from a third-party merchant.Instead,it should be assessed by reference to the platform’s technical capacity,degree of transactional control,algorithmic amplification,commercial benefit,and procedural safeguards. 展开更多
关键词 safe harbour rule e-commerce platforms artificial intelligence(AI) cloud computing platform liability algorithmic governance China-EU comparison
Normative construction of platform criminal liability in the governance of deepfake technology 认领 引用
2
作者 Xuanting Liu 《Advances in Social Behavior Research》 2025年第6期47-53,共7页
Online platforms play a critical intermediary role in the generation and dissemination of deepfake content and should accordingly bear criminal liability commensurate with their status.However,China’s current legal f... Online platforms play a critical intermediary role in the generation and dissemination of deepfake content and should accordingly bear criminal liability commensurate with their status.However,China’s current legal framework faces practical obstacles in defining platform criminal liability,including ambiguity in the delineation of duties,difficulties in establishing the“knowledge”standard,and procedural asymmetry in accountability mechanisms—factors which severely undermine the effectiveness of criminal law governance.To address these challenges,the normative construction of platform criminal liability must be grounded in the theoretical foundation of legal interests protected by criminal law,clearly define platforms’proactive duties of care,and introduce reasonable standards for the presumption of knowledge.At the same time,a differentiated and tiered compliance obligation system should be established,utilizing technological means to ensure transparency and verifiability of platform responsibility.Only in this way can criminal law regulation achieve an effective balance between safeguarding social security and fostering technological innovation. 展开更多
关键词 deepfake platform criminal liability technology governance criminal law regulation
已选0条
引用分析
参考文献
引证文献
 统计分析
检索结果
已选文献
上一页 1 下一页 到第 页
在线咨询 使用帮助 返回顶部 意见反馈