Research On Economic Law Regulation Of Public Services For Platform Operators

The rapid development of internet information technology has given rise to the emerging form of the "platform economy".Platforms possess significant network effects,network lock-in effects,and economies of scale,exhibiting strong natural monopolistic characteristics.Superplatform operators with first-mover advantages easily maintain user stickiness through data production factors,leading to monopolistic tendencies and a significant "Matthew Effect" where the strong become stronger and the weak become weaker.The breakthrough of the "platform model" from the traditional "pipeline model" has not only made platforms a new resource allocation method that affects countless households but has also given them a dual identity as both operators and organizers of internet transactions and managers.Following international practices,the regulatory strategy of "governing the internet with the internet" grants platform operators autonomous powers,including "quasi-legislative power" "quasi-administrative power" and "quasi-judicial power".The services provided by super-platforms now encompass various aspects of the public’s daily lives,resulting in high user dependence.At the same time,these services possess non-exclusivity or non-competitive characteristics,resembling quasi-public goods.Super-platform operators not only possess market and certain social management functions but also control the supply of quasi-public goods and privately demanded products that are crucial to the public,deeply influencing the realization of social public interests and becoming important entities in the broad provision of public services.While super-platform operators play a positive role in the supply of public services,they also face challenges in terms of regulation due to the wild growth of platforms,disruption of market competition,technological abuse,neglect of regulatory responsibilities,and evasion of platform accountability.The causes of these challenges include: 1.The economic characteristics of public services exacerbating market failures;2.The safeguarding of public interests challenging private law;3.Limitations of antitrust laws leading to ineffective regulation;4.State regulatory powers constrained by emerging industries.Under the catalyzing factors of lagging regulatory concepts,the negligence of state recognition regarding the transformation of platform operators’ public service attributes,flaws in market mechanisms,lagging traditional legal measures,and the absence of state responsibility,the regulatory challenges faced by platform operators in providing public services become particularly prominent,posing a risk to the legitimate rights and interests of both platform operators and users.As the platform economy operates as an industry with natural monopolistic characteristics,completely allocating resources through the market mechanism will inevitably lead to oligopolistic monopoly situations,damaging industry development and long-term consumer interests.Furthermore,traditional single antitrust regulations and market supervision methods gradually reveal shortcomings such as lagging law enforcement,limited enforcement measures,and ineffective restoration of market vitality when facing the new paradigm of the digital economy.It is necessary to transform traditional regulatory concepts and apply special regulations to the platform economy from the perspective of public service regulation to ensure the high-quality,accessible,and fair provision of public services by platform operators.Therefore,considering the special nature of public services and the inadequate effectiveness of traditional regulatory measures,it is necessary to deeply explore the value orientation of regulatory measures for platform operators in providing public services and seek specific paths for economic law regulation from a conceptual perspective.The multi-dimensional value structure of economic law regulation measures should be integrated into platform regulation,balancing efficiency and fairness,procedural justice and substantive justice,corporate interests and social interests,and the game between natural monopolies and market order.Guided by the aforementioned value structure,the economic law regulation of platform operators’ public services should adhere to the principles of public interest,independent regulation,and public governance.In terms of regulatory content,it is essential to clarify the state’s regulatory responsibilities and corporate social responsibilities for platform operators providing public services,establish criteria for the admission and exit of enterprises with public service characteristics,regulate the management of public service scope and quality,guarantee accessibility and fairness of public services,and rationalize the pricing of public services.This approach can achieve high-quality provision of public services by platform operators,meet the needs of social public interests,and enhance the governance level of the state in the digital economy field.Lastly,by exploring the legal responsibilities for platform operators’ refusal to provide,passive provision,and abuse of their status in public service platforms,it is possible to limit the expanding private power of platform operators and ensure the integrity and effectiveness of the regulatory system through administrative supervision,industry oversight,media supervision,and judicial remedies.