| In China,as a new engine under the New Normal for economic growth,the strategy of "Internet Plus" has become an important part of the development of China market economy due to its scale,high growth rate and great potential.As the most advanced productivity representative in the era of network economy,Internet enterprises have shouldered important historical and social responsibility.They are the important implementers of the national innovation-driven strategy and the important promoters of modernizing China's governance system and capacity for governance.According to the Survey Report on the Development of the Internet in China published by China Internet Network Information Center in 2020,the number of netiziens in China reached904 million as of March 2020,with a intenet penetration rate of 64.5%.With the improvement of Internet penetration and the increase of the number of netizens,human society has entered the information era.With the advancement of a new round of industrial revolution and the concept of scientific and technological innovation,the development of Internet have altered people's lifestyles,modes of life,and modes of thinking.More specifically,the areas of food and clothing,health care,e-commerce,education and training,etc.have been profoundly and even subversively affected by internet.Related Internet platforms and enterprises came into being,bringing a lot of benefits.From a macroscopic perspective,the vigorous development of internet platforms has accelerated the transformation of economic growth mode,greatly promoted the perfection and upgrading of economic structure.For example,the rise of the sharing economy has promoted the effective allocation of social resources.From a microcosmic perspective,the internet platforms bring convenience to personal life,save costs for enterprises.As a result,a majority of people enjoy the dividends of scientific and technological development.However,a coin has two sides.There are lots of problems exposed on internet platforms,such as the problems of information security of users,protection of consumer rights,and market competition order and so on.It is not difficult to find that the lack of corporate social responsibility is the main cause of these problems through the analysis of the typical problems existing in internet platforms and enterprises.Therefore,by means of literature research,comparative law research and induction analysis,this paper aims to elaborate the concepts of corporate social responsibility(CSR)and internet flatform,as well as the clear legal relationships between the internet planforms and any other related parties as preconditions,then clarifies the specific meaning of CSR under internet platforms,and puts forward specific suggestions for internet platforms and enterprises on improving their senses of social responsibility,in order to prevent the emergence of new problems to a certain extent,and weaken the negative impact of internet platforms and enterprises so that it can better promote the sound development of China's economy through the norms of laws and regulations.In addition to the introduction and summary parts,the main body of the paper is divided into four chapters.The first chapter begins with the definition of research subject,clarifies the history of the conceptual characteristics of internet platforms enterprises,and gives a theoretical elaboration on the specific connotation of CSR,laying a foundation for the later analysis.Through analyzing and comparing different theories,the paper divides the relevant theories into the description of the object of CSR and the description of the specific content of CSR,and innovatively thinks that the connotation of CSR should be defined in combination with the theory of "stakeholders" and the theory of "fourlayer pyramid".The former is aimed at the object of corporate social responsibility,and believes that the nature of social responsibility is the responsibility for all stakeholders;the latter takes the development level of social responsibility as the entry point to describe the specific content of CSR,which covers economic,legal,ethical and philanthropic responsibilities from top to bottom.At the end,the chapter analyzes the necessity of undertaking social responsibility from the historical,philosophical and economic perspectives and explains the feasibility of undertaking social responsibility.The second chapter aims to lay the foundation for the targeted combination of CSR,a universal concep,with Internet platform by elaborating the concept of Internet platform enterprises and the legal relationship construceted by it.This chapter firstly expounds the general concept and development status of internet platform enterprises,and then summarizes the key characteristics of Internet enterprises,such as network effect,platform effect,virtuality and bilateralism.In understanding the internet platform enterprises on the basis of the concept and characteristics,the author analyzes and generalize the present situation of different types of typical platform as well as the legal relationship between platforms and stakeholders individually,so as to abstract and summarize the legal relationship between platform and stakeholders.Such legal relaitonship is also taken as the breakthrough point to help understand relationship between the platform and the various stakeholders.In this paper,considering the adjustment object of the Electronic Commercial Law and the market scale as well as the influence of platform as factors,typical platforms including takeout platform,social media platform,online car-hailing platform and online shopping platform respectively have been selected.Through the analysis of the legal relationship between the Internet platform and stakeholders is classified into contract relationship,labor relationship and legal relationship caused by infringement.All kinds of legal relations revolve around online trading activities of the platform,connecting enterprises of the platform with bilateral users,staff and the public.The third chapter discusses the constructure of internet platform CSR based on the analysis of relevant concepts,characteristics and relationships in Chapter one and Chapter two.First of all,this chapter gives a brief overview of the corporate social responsibility of Internet platform,which is characterized by multi-layer relationship,multi-subject,cross-boundary influence,sociality and boundary dynamics.After introducing the characteristics of CSR of platforms and the status quo of their fulfillment in practice,the author further argues that CSR of platforms has certain boundaries,which may change according to the different social roles they play.Then,the author starts from the question to judge what kind of social responsibility Internet platform enterprises should undertake.Based on the analysis of different Internet platforms facing the social problems and typed after induction,following the "stakeholder" theory and the "four layers of the pyramid",theory Internet platform for enterprise society responsibility content can be divided into four types: economic responsibility,legal responsibility,ethical responsibility(including humanism ethics responsibility,public responsibility theory,ecological ethics responsibility)and charity responsibility.At the same time,based on the theory of "stakeholders",the corporate social responsibility of Internet platforms is divided into two categories.One is the social responsibility that Internet platform enterprises should assume within the operation network,which is mainly aimed at users,partners and staff.By abstracting typical platform responsibilities,specific types can be concluded as follows:information disclosure responsibility,user privacy and confidentiality responsibility,information data security responsibility and the greatest kindness management responsibility.The other is the social responsibility that Internet platform enterprises should assume outside the network operation,which is directed to the public,social environment,market and so on.In this part,there are both explicit legal responsibilities,such as responding gorvenment expropriation measures in the case of emergency and paying taxes,and non-legal social responsibilities,which correspond to the ethical responsibilities and charitable responsibilities in the "four-fold pyramid" with a higher level and no legal enforcement power including responsibility for creating a green network environment,providing enough jobs and consciously protecting the environment.At the end of this chapter,the author expounds the necessity for Internet platform enterprises to take social responsibility,aiming to explain the significance of platform enterprises to take social responsibility,not only because Internet enterprises are social organizations,but also the requirements of social values.In practice,many Chinese Internet platform have begun to pay attention to the undertaking of social responsibility,including the release of corporate social responsibility assessment report,development of relevant public products,etc.In addition,when enterprises actively fulfill their social responsibilities,they will pay extra costs,but their goodwill will also be improved,which will help them to obtain economic benefits to some extent in the long run.From this point of view,there are conflicts between different types of responsibilities,but apart from the passive responsibility(such as legal responsibility),there are still intrinsic factors that drive enterprises to actively assume social responsibility.After defining concepts,clarifying relationships and finding problems,chapter four turns to practical application on the basis of previous theories.As a research in the field of law,the definition of subjects and the analysis of legal relations serve to improve the legal system.How to improve the legal system of corporate social responsibility on Internet platform is the main content of the fourth chapter.In the fourth chapter,the author analyzes and compares relevant legislation practices of corporate social responsibility for Internet platforms at domestic and abroad,and then gives suggestions for improving the legal system as follow.The improvement of social responsibility system within the platform operation network includes four main aspects.The first is the responsibility of information release,which is mainly perfected by implementing the information publicity system and improving the information communication platform.The second is the resondibility of users' privacy and information protection realized by establishing privacy protection principles,setting up protection systems and adding box regulations based on the experience of overseas protection system,and emphasizing the portability of data,the establishment of data protection officers and the impact of data protection on evaluation and implementation on improving privacy protection.The third is the responsibility of information security.Through the analysis of domestic and foreign industrial autonomy norms and foreign legal norms,it is believed that the platform and users can be encouraged to jointly assume relevant responsibilities by combining punishment with encouragement and contracting the responsibilities.The forth is the maximum virtuous management responsibility,including the security guarantee obligation and the safety management obligation to improve,mainly to strengthen the market access system,improve the supervision system,clear responsibility bearing mechanism,improve the network judicial relief mechanism,etc.As for the improvement of social responsibility laws outside the platform operation network,the author,from the perspective of the public and the business ecosystem of enterprises,puts forward requirements for them to fulfill the responsibility of fair competition,and discusses how to motivate enterprises to better assume ethical and philanthropic responsibilities.At the end of the chapter,the author ponders how to choose the conflicts of values that enterprises may face when undertaking social responsibility.The author believes that there is a sequence of values,especially Internet platform enterprise economic value can not be above other value.At the same time,one should also be aware that undertaking of legal,ethical,and philanthropic responsibility although in the short term can not obtain economic benefits,but in the long term will promotes the development of enterprise,which is not in conflict.The conclusion part not only summarizes the core points of the paper,but also carries on the expandable thinking.The combination of the Internet and society is infinite,and the influences it brings are complex and diverse.What this article involves is just a drop in the ocean.The researches on the internet enterprises and platforms should also keep pace with the times,to build a hotbed for the “mass entrepreneurship,innovation”,so that the “Internet plus” economic engine could rotate by itself. |
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