Research On The Governance Of Online Trading Platforms

The platform is a transformational concept that has revolutionized business,economics,and society at large.The rise of platforms has brought significant efficiency improvements,innovation capabilities and expanded consumer choice,accelerated business model changes,and triggered profound changes in economic structure and organization.This paper makes a comparative study of the basic meaning of platform from multiple perspectives,and defines the research object of this paper--online trading platform based on the classification of online platforms.The development of online trading platform has also become a unique economic phenomenon,namely platform economy.While leading economic growth and promoting social development,online trading platforms also have many negative problems and potential harms,which bring severe challenges to the government's public regulation.Direct forms of public regulation became less effective on the platforms.The scale of the platforms,the information changes rapidly and the participants of the complex,greatly effects the law directly control ability,state lawmakers often lags behind the technology update and the pace of economic development,and a new online service cannot match existing regulatory rules.In the process of law enforcement,due to limited public law enforcement resources,it is impossible to effectively implement the legal orders and prohibitions.Or even though it can be effectively controlled in theory,the one-way command-control regulation mode is often refused to cooperate by regulated objects in practice because it ignores the unique operation logic of the platform,which weakens the willingness of regulated objects to share information and solve problems together with regulatory institutions.When the traditional government regulation mode produces the public regulation crisis,the governance theory provides the right prescription.The governance theory can better accommodate the platform economy to face the decentralized governance practice.Taking governance theory as a theoretical tool,this paper discusses the governance problems brought by the development of platform economy,triggering the update of governance theory,and then putting forward the institutional construction of platform governance system innovation by examining and reflectingon the regulation practice in the perspective of administrative law.In the governance structure of network trading platform,a logical framework composed of "subject-behavior-accountability" is established by public law.At the level of governance body,the country does not have the absolute exclusive status of governance.Platform enterprises,social organizations and even users are all governance subjects under certain conditions.Determine functional role of governance body in platform governance according to the comparative advantages of each governance body.The principle of subsidiarity as theory tools is introduced to clarify the relationship between various governance levels,promoting the cooperation among government,platform and society on the basis of reasonable stratification.At the level of governance behavior,through describing the spectrum of administrative regulation tools,giving in-depth analysis of the advantages and disadvantages of each mode of governance tools.Promoted from command and control tools to multiple,ongoing and ex-post,flexible negotiation of indirect regulation.In addition,the platform and other eligible social governance bodies also set their own regulatory standards and implement regulations,and have corresponding technical governance means.Finally,Pay attention to the combination innovation of governance behavior modes at the three levels of rule making,supervision and implementation through dynamic review of the governance process;At the responsibility level of governance,the government and platform service providers share power and responsibility,so the governance responsibility must be defined based on their roles and functions in platform governance.From the perspective of platform service provider,it is bound to assume the responsibility of technology governance consistent with its governance role.From the perspective of the government,the change of state responsibility undertaken from assuming implementation responsibility to assuming national guarantee responsibility.mainly includes the public supervision of the self-regulation of the platform and the construction of a remedy for the rights of the third party.This essay studies the governance of online trading platform under the legal framework,breaking through the limitations of the government regulation as the research center and provide a new research field of vision and theoretical tools for online platform governance.The enrichment of content such as the platform governance subject,governance tools and governance accountability also poses a newproblem solving analysis framework and action structure,and then explore the new problem domain,which enriches the academic study of platform governance.