ABSTRACT
E-commerce platform operators face differences in views regarding suspected infringement review standards between legislative expression, legislative interpretation, and judicial decisions. From a practical standpoint, the adoption of a formal review standard may create an imbalance in the legal order, while rigidly adoption of a “one-size-fits-all” standard may harm the public interest. By drawing on legislative experience from overseas and taking into account China's actual national conditions, it is possible to amend and improve the standards and limits of the Chinese platform operator's obligation to review infringement notices. In other words, e-commerce platform operators can autonomously choose the review standard based on their own review capability, within the scope of no less than general possibility, and allow them to raise the review standard to a high level of conclusiveness in individual cases. Such standards and limits can strike a balance between reducing the burden on public authorities and avoiding undue erosion of public power, as well as promoting common governance of cyberspace.
