The logic and prospects of the evolution of the rule of law in China
April 29, 2022 09:03 Source: "China Social Sciences", April 29, 2022, Issue 2398 Author: Hu Ling

With the continuous expansion of the Internet in Chinese society,The logic of the evolution of the rule of law on the Internet is becoming clearer,The problem it needs to solve is even more prominent。From the principle,,The mandatory constraints and regulations for social subjects have always been the basic attribute of the law,Start from the commercialization of the Internet,Researchers have begun to argue whether network behavior is a special object,So that you need to create independent online behavior rules,Or if you use offline rules and principles to online。At the same time,People have also found that the technical architecture of shaping network space can play a function of restraining human behavior,Then guide researchers to think about how to reasonably design the architecture itself。

The aforementioned argument focuses on how to regulate new behaviors in the law,It was unlikely to foresee how the digital economy flourished。But from a more macro political and economic perspective afterwards,The formation of individual behavior rules is gradually and secondary,More importantly, first ensure and guide a new type of production method to occur steadily and orderly,Conditions stable production in order to generate larger socio -economic value,Improve international competitiveness,This is the more important feature of the rule of law on the Internet。We have seen,With the help of Internet information technology and new business model,Digital platforms constantly strive to shape new economic production methods different from industrial economic production methods,and try to promote bet365 Play online games the emergence of different fields and types of network methods and its standards,The universal nature of its own industry into the generality of the whole society。Therefore,The legal/architecture that affects the online behavior of social subjects is not simply regulatory,It is also productive,The universal nature of its own industry into the generality of the whole society、Conflict on solving the new and old interest groups,and help build a more public digital infrastructure。In this process,Traditional legal rules of restraining offline behavior have gradually evolved into the adjustment platform of the adjustment platform、Between the subject and the platform、Three relationships between the platform and the platform,The core is how to deal with the liquidity of the production element,​​Promoting the overall welfare of society。

Factive liquidity is the starting point for us to understand the core of the rule of law,Platform enterprise effectively mobilizes and matches all kinds of fragmented social resources and economic elements,Connecting producers and consumers,The production link and circulation、Consumption link is closely linked,Can produce scale economy and network effects,Make full use of the cross -network external nature brought by the multilateral market,Improve trading opportunities。In this process,Platform economy gradually requires all kinds of factors to stably produce in a specific architecture space,Requires the production order and organization in the architecture to be recognized and protected by law,Not being arbitrarily disturbed by external。

First,Digital economy explores new social control/production mechanisms,That is, to give the social entities a unique digital identity through the real -name account mechanism,You can constantly track users in the account,Collect and accumulate personal Bet365 lotto review information,Through formal notification consent can be analyzed and utilized,To provide a means of depending on person、Impact and predict user behavior。Next,In terms of property relationship,Software and algorithms as production materials are still protected by the property law,The content of the information as a consumer information has become a service license,Consumers can no longer possess and punish any music that they consume on the terminal、Book、Image,great restrictions from the user protocol。again,The platform economy needs integrity instead of fragmented integration rights,To improve the service of the elements and participants in the architecture,Form a certain publicity。As long as the platform can continue to provide more transaction opportunities for factors,It does not need to bind the elements and platforms (Volkswagen ’s start to become flexible),I don't need to confirm the right to new types of elements like data,Otherwise it will produce anti -public tragedies,Increase the platform's economic cost。But to the outside world,Platform economy hoping legal protection as the structure and order of the production method of the production method is not disturbed by unfair competition behaviors,A large number of lawsuits have appeared against the behavior of entering specific architecture without permission。Last,In view of the complexity of the multilateral market model,It is difficult to scientifically use the traditional related market definition in the law enforcement of antitrust law to determine the situation of the platform economy,In addition to punishment of acts such as "two choices",National supervision methods are more of the advantage of confirming the super platform,But at the same time, more main responsibility and administrative obligations have been applied at the same time。

bet365 best casino games Under the background of consolidating network sovereignty and data security,On the whole, the rule of law in my country has better responded to the changes and transitions brought by the new production method,Together to ensure the safe and stable production of the digital economy,and gradually realize the transformation of new knowledge in different departmental laws,Create conditions for further realization of the integration of production, research, research。With the further development of new technologies and business models,It is necessary to summarize the evolution experience in time,Think about the prominent issues that the rule of law in the next stage of the rule of law needs to be responded and solved。

First,Online rule of law is not only related to production,Also related to allocation。In the past 20 years,Production order has always been the theme of the rule of law online,But it should gradually respond to the essential requirements of socialist development,While promoting productivity,Thinking about the distribution mechanism of different levels of different levels of all levels,Reduce overall social risk,Highlight the fairness in the process of economic and social development。One aspect,Digital economy continues to digitize production factors through private platforms,Promoting the process of economic and social digitalization,and established a standardized digital infrastructure,It helps orderly flow and Unicom in the order of elements in specific industries and regions,Older the cake is bigger through the method of organizing production,formed a semi -closed production order; on the other hand,With the intensification of the platform competition,Infrastructure will help form a reflective mechanism,Especially like pricing、matching and reputation bet365 best casino games mechanism is getting closer to the labor management system within the enterprise,At the same time,Only efficient -oriented liquidity is on the market、Society and workers have produced a large negative externality。Therefore,Simple efficiency -oriented production factor matching,Not only ignores the workers' own rights protection,It is also caught in the myth that the market seems to run in vacuum。Can't solve market problems simply in a market,Because it is also a social problem,Thinking under a greater perspective of market network and social networking。In the process of legal and policy formulation, you need to consider how to take into account many non -efficient social value。

Second,Online rule of law is not only related to the protection of architecture interests,Also related to the architecture Unicom and sharing。As the network effect intensifies and large platform capital has continued to enter more fields,How to judge the expanded giant platform architecture on macro will not affect more emerging platform companies for innovation and competition,How to allow traffic and services between different ecosystems to share with each other,become more urgent。In other words,If the architecture of the giant platform has become a potential obstacle to innovation and competition,You need to think about how to maintain its dynamic competitiveness,Cross -platform flows that can promote more resource elements as a whole。You can try to gradually promote some existing digital infrastructure services for Unicom。For example,Trusted Account Unicom,That is, the state strengthens the true identity authentication of various accounts,Allows users to log in to different platforms with unified identity,In this process, the exchange and value -added of account behavior data can occur。Payment Method Unicom,That is, bet365 best casino games the state promotes various payment methods including UnionPay to enter different ecosystems,Allows consumers to choose different payment channels and financial services。Unicom of Evaluation Information,The evaluation of the value of production factor needs to be unified,The value of the traditional price reflects value,Evaluation of labor in the digital market also requires standardization,Therefore, helping factor can maintain certain market value and competitiveness after flowing,Drive more platforms to benefit。

Last,Online rule of law is not only related to network -based information governance,Also related to grid -based tissue governance。Platform economy can surpass social subjects beyond the regional space -time organization,But simply dependency information cannot solve all social problems。With offline and online activities, linkage is further connected,More need to realize that the effective use of information technology is inseparable from the improvement of the effectiveness of various social and grass -roots organizations。In a highly liquidity society,Online rule of law mainly about the production of information、circulation and consumption,Promoting the network governance model; once the epidemic is encountered such as a public event that slows the flow of factor flow,You need to have a bottom line thinking,Make full use of information technology to switch to the basic unit of society,How to help reduce systemic risks,Effective action of integrated grid,Final recovery liquidity。Simply emphasizing the more flexible production and organizational methods of the platform to help us effectively think about possible risk prevention mechanisms。In this sense,,Online rule of law has surpassed the simple Internet law or information technology method,Instead, as a medium, connecting online and Bet365 app download offline behavior is connected,solve practical problems according to local conditions,This is also an important manifestation of the evolution of the online rule of law in the process of modernization。

(Author is an associate professor at the School of Law of Peking University)

Editor in charge: Changchang
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