Regulating the quasi-public management behavior of Internet bet365 games
February 20, 2024 10:55 Source: "bet365 games Journal" Issue 2835, February 20, 2024 Author: Ye Min

The report of the 20th National Congress of the Communist Party of China was submitted,Need to “improve the comprehensive network management system,Promote the formation of a good network ecology”。Now,Internet bet365 games have affected every aspect of life,Platform users are increasing day by day,bet365 games enjoy certain quasi-public management rights in actual operations。On the one hand,This can make up for the lack of cross-regional power execution by administrative agencies,Contributes to the rapid and effective supervision of online illegal activities。But on the other hand,As civil and commercial entities, bet365 games have the instinct to pursue profits,Need to be alert to the risk of abuse of power,Prevent it by improving existing systems。

 Quasi-public bet365 games

Internet bet365 games enterprises as a new type of business organization form,Various business、Each has its own characteristics,The common point is to bring together user groups with different functional requirements,Link various market entities for trading activities through the bet365 games,Improve the efficiency of market resource allocation。Its users are numerous and widely distributed,Therefore, the bet365 games’s user management functions sometimes overlap with the social management functions of administrative agencies,Form a "quasi-public power"。

There are mainly three situations: First, as an "administrative substitute performer",Carry out quasi-public management activities within the bet365 games,Including "network bet365 games access", "business management", "user dispute adjudication", etc.。The second is as an "administrative trustee",Engaging in public management activities in accordance with the authorization of laws or administrative agencies,In order to fulfill its social responsibilities。The third is as an "administrative assistant",According to the instructions of the administrative agency, assist the latter to complete specific administrative work,Thus achieving close cooperation with the government、Achieve positive interaction。

among them,Platform enterprises as "administrative substitute performers" or "administrative trustees",Have a considerable degree of autonomy within its scope of authority,Can fully implement the company's own will。As an “administrative assistant”, bet365 games have almost no autonomy,Only as an auxiliary to the government in exercising its power,Participate in public management affairs。

  Source of bet365 games

Different from administrative agencies, the power is derived from the grant of law,The power of Internet bet365 games is achieved in fact by relying on their own scale and technological advantages。Specifically,The acquisition of power is mainly based on the "service agreement、Administrative vacancy、Resource Allocation、The four factors of "technical means"。

First,Service agreement refers to the network service agreement signed between Internet bet365 games and users。Such an agreement should be a carrier of party autonomy,However, due to the large number of users and the lack of equal negotiating power with the platform,So under the shell of "equal negotiation",The service agreement has essentially become a format clause for a large number of users,Become the direct source of platform enterprise power。Secondly,Administrative vacancy means that administrative agencies are limited by geographical areas and bureaucratic structures,Difficult to cross-region、Implement timely and effective supervision of user behavior in flat-operated network platforms。Therefore,bet365 games have actually filled the vacancy in the role of “manager”。Again,Resource allocation means that bet365 games can use their own data and technology advantages,Achieving rapid and effective allocation of market resources。Functions such as "bidding ranking" and "hot recommendation",Can bring huge traffic impact to users,Forming users’ heavy dependence on the platform,And then obey and cooperate with the management behavior of the platform。Finally,Technical means are the objective conditions for bet365 games to obtain quasi-public power,There are two main forms of expression。The first is to directly screen users accurately、Directed supervision, etc.,The second is to push specific content to user groups to produce specific effects。

In summary,Internet bet365 games enter into service agreements with users on the basis of,Based on the objective reality that the traditional supervision methods of administrative agencies are lacking,With its data、Control of important market resources such as traffic,Manage users through technical means,obtained certain quasi-public powers。

  Potential risks

Internet bet365 games participate in public affairs management as business entities,There are natural risks。On the one hand,As a profit-making legal person, bet365 games cannot escape responsibility for investors、Natural pursuit of profit maximization,Have opportunistic behavioral tendencies。In addition,As civil subjects, bet365 games lack the internal and external supervision mechanisms possessed by administrative agencies,Easier to lead to abuse of power。

On the other hand,Because bet365 games are not administrative entities,When users face platform penalties and other measures,Lack of administrative review、Administrative litigation and other effective remedies。And compared to administrative agencies,The guidelines and management measures formulated by bet365 games for user behavior are quite arbitrary,More dependent on the subjective will of corporate managers。

 bet365 games to improve the regulatory system

With the rapid and large-scale development of the Internet economy,It has become an objective reality that bet365 games participate in public affairs management。For the aforementioned legal risks,It is urgent to improve its regulatory system。

First,Clear governance objects,Accurately divide the market operation behavior and public management behavior of platform enterprises。Public management behavior,Regulate based on or refer to the relevant provisions of applicable administrative laws。Secondly,Convert regulatory ideas,Convert from the traditional "impact-response" model to the "prefabrication-adaptation" model,Clearly define the boundaries of public management power and corresponding responsibilities of Internet bet365 games。Finally,Improving relief measures,Ensure users affected by the quasi-public management behavior of bet365 games,Have adequate internal channels for grievances,And external administrative and judicial relief channels。

  (The author is a professor at Jiangnan University bet365 games School)

Editor: Cui Bohan
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