The 20th National Report of the Party proposed,We must "improve the comprehensive network governance system,Promote the formation of a good network ecology "。Now,Internet platform companies have affected all aspects of life,Platform users increase every day,Platform enterprise enjoys a certain amount of public management rights in actual operations。On the one hand,This can make up for the insufficient across regional exercise of administrative organs,helps to quickly and effectively regulate illegal acts illegal behavior。But on the other hand,Platform enterprise as the instinct of profit -seeking as the main body of civil and business,Need to be alert to its power abuse risk,Prevention by improving the existing system。
bet365 live casino games
Internet platform enterprises as a new type of business organization,Diverse business、Each feature,The common point is to gather the user groups of different functional needs,Trading activities through the bet365 best casino games platform links various market entities,Improve market resource allocation efficiency。It has many users and is widely distributed,Therefore, the platform's management functions of users sometimes cross each other with the social management function of the administrative organ,Form a "quasi -public power"。
Mainly three situations: First, as "administrative replacement performers",Carry out quasi -public management activities on the platform,Including "network platform access", "business management", "user dispute ruling", etc.。Second, as "administrative trustee",Entering public management activities in accordance with the authorization of law or administrative organs,in order to fulfill its social responsibility。Third, as "administrative assistant",Instructions in accordance with the instructions of the administrative organ to assist the latter to complete the specific administrative work,thus reaching close cooperation with the government、Realizing benign interaction。
Where,Platform enterprise as a "administrative replacement performer" or "administrative trustee",It has a considerable degree of autonomy within its scope of power,Can fully implement the company's own will。Platform companies bet365 live casino games as "administrative assistants" have almost no autonomy,It's just an auxiliary person who exercises power for the government,Participate in public management affairs。
Source of power
Different from the power of the administrative organs comes from law award,The power of Internet platform companies is dependent on its own scale and technical advantages.。Specifically,Its power acquisition is mainly based on the "service agreement、Administrative absence、Resource allocation、Technical means "" technical means "。
First,Service protocol refers to the network service agreement signed by Internet platform companies and users。This kind of agreement should be the carrier of autonomy of the parties,However, due to the huge number of users and the lack of a single user's negotiation ability with the platform,So under the shell of "equal negotiation",The service protocol has actually become a format clause for a large number of users,Direct source of the power of the platform corporate。Next,Administrative absence refers to the limitation of the administrative organs being subject to geographical areas and sectarian structures,It is difficult to cross the area、User behavior bet365 live casino games implementation of user behavior in the flat -operated network platform implements timely and effective supervision。Therefore,Platform enterprise actually fills the vacancy of the role of "manager"。again,Resource allocation means that platform companies can use their own data and technical advantages,Realize the rapid and effective allocation of market resources。functions such as "bidding ranking" and "hotspot recommendation",It can bring huge traffic effects to users,Forms the user's serious dependence on the platform,Then obey and cooperate with the management behavior of the platform。Last,Technical means are objective conditions for platform companies to obtain quasi -public power,There are two main forms of expression。First, accurate screening of users、Direct supervision, etc.,Second is to push specific contents to the user group to have specific content to have a specific impact。
To sum up,Internet platform Enterprise is based on the establishment of a service agreement with users,There is an objective reality of absence based on the traditional regulatory method of administrative organs,With its data、The control of important market bet365 live casino games resources such as traffic,Management behavior of users through technical means,Get a certain amount of quasi -public power。
potential risk
Internet platform Enterprises participate in public affairs management as operators,There is natural risks。On the one hand,Platform enterprise as a profit -making person cannot get rid of investors、Pursuing the nature of the maximum profit,Passenger behavior tendency。other,Platform enterprise as a civil subject lacks the internal and external supervision mechanisms of administrative organs,It is easier to lead to power abuse。
On the other hand,Since platform companies are not administrative subjects,When users face platform penalties and other measures,Lack of administrative reconsideration、Effective relief channels for administrative litigation。and compared to the administrative agency,Platform enterprise has greater randomness for the guidelines and management measures of user behavior,More dependence on the subjective will of corporate managers。
The improvement of the regulatory system is imminent
With the high -speed and large -scale development of the Internet economy,Platform enterprises have become objective reality in public affairs management。For the aforementioned bet365 best casino games legal risk,Perfecting its regulatory system can be described as imminent。
First,Clarify the object of governance,Accurately divide the market business behavior and public management behavior of platform enterprises。Public management behavior of them,Based on or refer to the relevant regulations of applicable administrative law。Next,Conversion Regulations,converted from the traditional "impact -reaction" mode to "prefabrication -adjustment" mode,Clarify the border and corresponding responsibility of the public management power of the Internet platform enterprise。Last,Improve relief measures,Users to ensure that the public management behavior affected by platform companies,Can have sufficient internal appeal channels,and external administrative and judicial relief channels。
(The author is a professor at the School of Law of Jiangnan University)
Friendship link:
Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission
General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026
>