The Responsibility Of Network Platform Is Based On Unfulfilled Prudential Obligations.

Internet job search is favored by job seekers, especially young people, because it is not limited by space time, fast, efficient and low cost.

However, network job hunting is a double-edged sword. Its information authenticity is low, and its technology and service system is not perfect. Some illegal elements publish false information on the recruitment website and bury many traps for job seekers.

Recently, the people's Court of Fangshan District of Beijing concluded the case of using false recruitment fraud for medical fees, and the woman Zhang was sentenced to seven months' imprisonment for fraud.

In the face of network false recruitment, how should the recruitment website be held responsible?

Zhang Mou and her boyfriend Lee Mou conspiracy to release false in the 58 city network

Then, in the name of the above pre job physical examination, applicants are required to take a physical examination at Beijing Huaya hospital.

In advance, Zhang talked to the hospital well, and each person received 298 yuan medical fee, of which 150 yuan was returned to Zhang as a kickback.

After the examination, Zhang did not arrange any work for any applicant.

In March 21st, Zhang was tried in a Fangshan court for fraud.

Zhang pleaded guilty in court, and the court sentenced him to seven months' imprisonment for fraud.

This is a low tech fraud case. Zhang hired an office in an industrial park, and then used the Internet to publish false recruitment information, so that applicants could come to the office to give a brief introduction, asking the job seekers to go to the designated hospital for medical examination at their own expense, and to receive kickbacks from the physical examination hospital.

In just a few months, 48 job seekers were cheated.

Zhang himself is guilty of fraud. So what responsibility should the recruitment platform undertake? How to protect the legitimate rights and interests of job seekers?

The thirteenth provision of China's "Internet information service management measures" stipulates that Internet information service providers should provide good services to Internet users and ensure that the information provided is legitimate.

According to this regulation, the recruitment platform has the legal responsibility of "ensuring the legitimate content of information provided".

But how to define this legal responsibility?

Overwhelming majority

(for example, Ganji network, 58 city, etc.) are all

The open web service platform has the characteristics of massive information, and the publisher of information is not a real name registration. It is unable to require the recruitment website to ensure that every information on its platform is accurate and credible.

The particularity of network service and the nature of free service and public service provided by the website make it unable to undertake the same Prudential obligations as ordinary service agencies.

The scope and size of Prudential obligations of network service providers should be matched with the way they provide services, so their Prudential obligations are mainly ex ante and ex post regulatory.

Prior prompts mean that the service platform requires prompt information release from users when they register, and tells them that they should provide real and reliable information and alert them.

Afterwards supervision is mainly reflected in the thirty-sixth provision of tort liability law, that is, the recruitment platform should delete or break links in time after finding false information voluntarily. After receiving the notification of the obligee or the complaint of the infringed party, the necessary measures should be taken in time, and necessary measures should be taken to delete, block and disconnect the false information.

The prerequisite for the legal responsibility of the recruitment platform is that it fails to fulfill its duty of prudence.

Its responsibility is embodied in the thirty-sixth provision of tort liability law.

In short, job seekers will be the first tort liability person who releases false recruitment information after job seekers encounter false recruitment. Job seekers can claim infringement damages according to tort liability law.

Job seekers who are violated by rights have the right to request the recruitment platform to take measures. If the recruitment platform does not act, they should be jointly and severally liable for the expansion of job losses.

Of course, if the recruitment platform for the false information editing and other active network dissemination behavior, it should be jointly and severally liable for all losses of the job seeker.