Systematic interpretation of algorithmic “Notification rule”in E-commerce platform in the “AI+” Era
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School of law,Chongqing University , Chongqing 400044, P. R. China

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D923.4

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    Abstract:

    In the era of “AI+”, it’s normal to enforce law assisted by artificial intelligence. As an important tool of infringement governance in cyberspace, the intelligent enforcement of the notification rule is accelerating. Existing researches mainly focus on the field of online copyright infringement, and do not pay sufficient attention to the intelligent enforcement of the notification rule in the field of e-commerce platforms. The platform economy is an important part of China’s economic development, and the high-quality development of the platform economy is closely related to advanced capacity of platform governance. When the algorithm is applied to the notification rule, the defects of the technology itself coupled with the inherent gaps in the notification rule will lead to a surge in the number of notifications, and erroneous notifications are more and more inevitable. The key to solving the problem is the value embedded in the notification rule. It should shift the value from promoting industrial development to the public interest, from upholding technological neutrality to the goodness of science and technology, and from constructing a cooperative mechanism to establishing a mechanism of responsibility. Specifically, priority can be given to the adoption of source management strategy, through the regulation and filing of notification algorithms as well as the strict adaptation of the formal and substantive elements of notification, to achieve the control of the number of notifications and the improvement of the quality of notifications. In addition, it should also attach great importance to the aftermath of the pursuit of responsibility, so as to form a closed loop of governance, as far as possible to avoid the occurrence of erroneous notification. Firstly, in terms of the responsible subject of wrong notification, it should strictly distinguish between the error of notification algorithm users, the error of notification algorithm designers and the error of algorithm notification reviewers. Secondly, in terms of the burden of proof for wrong notification, the burden of proof for causality element should be reduced, and the standard of causality should be shifted from equivalent causality to the rule of presumption of causality, so as to cope with the difficult problem of proof of causality element that exists in the cases of infringement involving artificial intelligence. It is worth noting that in the “AI+” era, the principle of attribution of wrong notification should adhere to the principle of no-fault liability, while the principle of attribution of wrong notification issued in bad faith adopts the principle of fault liability. Finally, in terms of the scope of liability for wrong notification, the scope of liability of the platform should be based on its subjective fault, and the degree of fault should be combined with the consequences of the damage, the type of rights involved and the current level of technology to make a comprehensive judgment. In sum, with the intervention of algorithmic technology, the notification rule itself is facing an urgent transformation, and it is necessary to adjust the standard of effective notification, reasonably allocate and moderately limit the responsibility of wrong notification, so as to ensure that the rule can be revitalized in the era of “AI+”, and continue to escort the high-quality development of the economy of e-commerce platforms.

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李雪倩,李晓秋.“AI+”时代电商平台领域通知规则的体系化阐释[J].重庆大学学报社会科学版,2025,31(3):246~256

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  • Online: July 15,2025
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