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Author	Prof ZHENG Jianing
Organisation/Institution	China University of Political Science and Law (CUPL)
Country	CHINA
Panel	Information Technology Law
Title	The Construction and Judicial Application of a Dynamic Framework of Platform Liability in China
Abstract	In the era of the digital economy, while internet platforms drive innovation and economic growth, they have also given rise to complex legal issues such as algorithmic accountability and consumer protection. Against this backdrop, establishing a scientific and reasonable framework for platform civil liability is crucial for the sustainable development of economy. Today, the role of internet platforms has shifted from "neutral intermediaries" to "controllers of the market" that provide platform services, organize transactions, and regulate participants. Traditional liability rules can no longer adequately address practical needs. This paper examines the legal framework of platform liability in China, integrating judicial practice and theoretical developments to advocate for the construction of a dynamic framework for platform civil liability. At the contractual level, there should be stronger legal regulation of standard terms, implementing dual scrutiny of "incorporation review" and "content review," while refining liability standards for different types of platforms (such as hybrid platforms and dominant platforms) to achieve differentiated governance. In the field of tort law, platform liability for indirect infringement is expanding: on the one hand, contributory infringement liability requires a dynamic assessment of the "knowledge" element, taking into account behaviors such as algorithmic recommendations and content distribution; on the other hand, when applying vicarious liability based on "benefit" and "control," emphasis should be placed on the platform's ability to manage and control its workers. The proposed dynamic liability framework aims to balance technology innovation, rights protection, and effective governance, thereby providing a legal foundation for the sustainable development of the platform economy.
Biography	ZHENG Jianing is a professor and doctoral supervisor at China University of Political Science and Law (CUPL), focusing on e-commerce law, digital law, company law and contract law. She also serves as the Deputy Director of the Commercial Law Institute and the Director of the Center for Commercial Law and Policy Research at CUPL. Meanwhile, she holds the positions of Deputy Director of the Norm-making Committee of China Behavior-law Association, Standing Director of China Business Law Society, Director of China Association for Periodical Legal, expert adviser at the Development & Research Center of the State Post Bureau, and Deputy Editor-in-chief of Cross-Strait Law Review. In the past, she earned her Master's and Doctoral degrees after graduating from Tsinghua University, Paris I University (Panthéon-Sorbonne), and China University of Political Science and Law. She has been invited as visiting professor or scholar at institutions such as Montreal University in Canada, Köln University in Germany, Duquesne University in the United States, and Brescia University in Italy. To date, she has presided over 20 national, provincial, ministerial or enterprises-level research projects, published 8 academic books including the “General Theory of Express Service Contract” and “Introduction to Electronic Commerce and Law”, and contributed over 100 research papers in Chinese, English or French. Additionally, she has delivered keynote speeches at the World Express Conference (2019), the World Artificial Intelligence Conference Legal Forum (2021), the Global Data Ecosystem Conference (2022) and the 21st Asian Law Institute Annual Conference (2024).