The 2nd, tecent company should enjoy limited chasten authority only, do not counterpoise because of the user agrees and obtaining the chasten that surmounts law. Actually, tecent company also speaks of unwarrantable oneself cognizance standard accords with judicatory to maintain judge with administration (" date of Zhang of small letter individual uses a standard " the 5th) , because this tries,obtain essentially through user formally more the cognizance authority of high-level class is serious impertinent. Change character, tecent company cannot be obtained because of this clause do not suffer completely compasses the discipline sb as a warning that make counterpoises. One of, format clause may is attributed to invalid. Of Tecent company " date of Zhang of small letter individual uses a standard " it is when register acquiesce cancels chosen project, cannot remove the suspicion of format clause, and after using normative trends to change, did not tell an user technically normally, on this meaning, legal effectiveness due to of the clause is invalid. Secondly, reasonable and legal ground runs fair justice cognizance authority is the premise that Tecent company enjoys cognizance right. Even if user demise this cognizance authority, but one goes the premise of concealed is Tecent company can reasonable and legal ground runs fair justice this right, this is a right demise that attachs a condition. If Tecent company cannot make sure fair justice is reasonable and lawful,the ground runs power, the demise of the right invalidation. Thirdly, main body of battalion of already of look forward to ought not to set the higher than state law code level that restricts attainder. The civil main body that equality is between Tecent company and user concerns, although Tecent company serves as platform to have the liability that upholds order and obligation, but must not be excuse with administrative responsibility and obligation arbitrary the legitimate rights and interests that damages an user, do not answer for to the greastest extent hazard of law of avoid platform oneself, not consider, the basic rights and interests on the constitution that sacrifice or enroach on user enjoy as the citizen. Finally, tecent company is right the user that uses normally now and then so called violate compasses transmit (even if is so called violate badly compasses) , also have no right diameter is made all right so called permanent a processing that ban, and should adopt warning, deadline to seal the measure such as date according to scale principle.
The 3rd, ought to build seal reasonably ban gradient to make, inform what kind of behavior clearly to ought to be sealed temporarily ban, permanent ban, and permanent a program of warning of the buy before the setting answering before banning and should give user appeal right. Well-known, law ought to be had can anticipate gender and invariability, commercial norm also is like this. Law regards a kind of behavior as the guideline, if unbeknown, and also cannot know for the person, can make one paper empty talk so (Kaduozun) . Be opposite in Tecent company of small letter platform in banning management to set, listed really a few the likelihood is maintained to be violate the item of compasses, but do not have demonstrate to be violated what kind ofly compasses should be sealed to ban temporarily, violate what kind ofly compasses should by permanent ban (it is merely " Tecent general spends pair of small letter accounts to take corresponding processing step according to violating regulations " ) . Permanent prepositive also should be installed to warn a program before banning (the admonitory program here is different from " date of Zhang of small letter individual uses a standard " in " delete or screen is violated till compasses information, warning, limitation or taboo part or all function are permanent seal date " , emphasize however permanent the behoove before sealing date is additional increase order of a warning, change character, permanent ban cannot of behavior of home remedy diameter) . In was not made clear by chasten person witting its behavior violates compasses fact and the consequence that ought to bear to fall, diameter travel makes chasten decision with the means home remedy of underground by chasten right person, it is inequitable apparently to the user. More serious is, regard weak force as the user of one party, the standard of the staff member that cannot know whether Tecent company has pair of executive discipline sb as a warning grooms, management, chase after duty system, although the regulation ensures afore-mentioned influence to be not abused again?
The 4th, should offer transmit content to fasten person of malign rumor, transmit to have the cognizance basis of subjective ill will, provide lawful sex basis for platform chasten. The cognizance attributive of Tecent company comes from at " date of Zhang of small letter individual uses a standard " in the 4.1st " Tecent has authority to undertake becoming independent judging to afore-mentioned behavior or content " with pass an imperial examination 5 avoid duty statement namely of the user agree (the 5th, the legal laws and regulations with effective according to makes judgement, but do not make sure its are judged agree completely with the judgement of judicatory orgnaization executive authority, for the consequence of this generation, the small person that believe user and operation has understood and agree to be assumed by oneself " ) . Oneself approbate Tecent company to have certain chasten limits of authority, very understanding Tecent company is prevented as the risk of platform control pressure, but I insist to think, the moving content that chasten of small letter platform counterpoises, means ought to be transparent justice, of withstand desired result.
In Tecent active chasten authority runs a system to fall, to the user, everything is unknowable, be mystery, devoid program justice, lack just when of the gender. If Tecent company thinks the content of transmission attributes malign groundless allegation, how is that maintained? Include but be restricted then which branch, adopt why to plant will means maintain, the miscarriage of justice that how reduces this kind of kind? No matter be the intelligence after the machine discovers a keyword,maintain, maintain after check of artificial still nucleus, ought to provide cognizance basis to the user that is sealed to ban.
The 5th, should offer efficient relief way, reduce platform hegemony the possibility of the ride roughshod over to the user. The management that the company is avoid oneself risk and cooperates national orgnaization actively is understandable, but when Tecent company permanent when the job that the chasten that seals date counterpoises to affect social member already badly lives, the company should consider to ensure justice as far as possible more and offer efficient relief way. The numerous and jumbled of heavy and complicated of existing connection means that Tecent company offers, turn even artificial customer service hard receive, more does Huang consider effective argue one's case? Even if because processing is similar the general affairs that seals the date that ban Zhang is too much and those who create an operation is difficult, the company also should consider to classify distinction to treat appeal to ask at least, adopt for example to information of rubbish advertisement, bilk essence of this kind of artificial intelligence identifying allows to spend taller do not receive artificial appeal, and use old Zhang name normally to registering of possibility of existence height miscarriage of justice receive artificial appeal to wait means a moment, reduce platform hegemony as far as possible the possibility of ride roughshod over to the user.
The 6th, although be formed because of the improper behavior of the user,violate compasses, should encircle record, address book to derive to regular user friend offer technical cooperation. This can avoid platform to encroach the data droit of the user, the collateral obligation of since platform, also reflect a business humanitarian consideration. The message that Tecent company place sends shows " Zhang date is in log onto condition temporarily, send and receive the social function such as message and friend circle to already was restricted, but still can use the function such as purse, address book, favorite " (also be certain actually cannot use after sealed time) , but pass other the friend ring that small letter good friend examines number of the Zhang that be sealed, cannot show the content that any associate with send. Circle of small letter friend recorded an user to live almost square field surface of the job (and the droit of this data ought to be an user, these are recorded now however without foundation disappears) , the connection means that small letter address book laid in the almost all human relations in society such as the relatives and friends with a regular old user, classmate, friend, client. If be brought about because of transmit merely permanent seal date and cannot batch derives associate with all address book that close compasses friend to encircle record, number to be recorded with 1000 (although we do not agree with company of the Tecent below this kind of case,Quan Yongjiu seals date) , cause data authority tort to also cause a lot of inconvenience that a lot of life works to the user not only, actually also hard to avoid makes Tecent bears the bad figure with overbearing and bossy oligarch of technology of a data.
The author thinks, tecent small letter becomes deepness to wrap nip individual from work up of original pure and gregarious platform of all sorts of information and even privacy " holographic " platform (secret of body data, financial information, communication) . The backside that the technology grows, should be reason awe-stricken grow accordingly; Should be the infinite homage of pair of individual rights and individual dignity! A business that cannot win social sincerity to love and esteem cannot be lucky long!
Responsibility edits: Small law, chief editor inspects in: Qin Qiansong
