| In 2016,the web broadcast platform industry has developed rapidly.Many industries have formed various forms of “live +” through the combination with webcasts.In the early days when China responded to the rapid development of the “Internet +” and sharing economy in the rapid development of the interactive and real-time live webcast,the mechanism was lacking,and the management and control were lagging behind.As a result,the online broadcast industry emerged in early 2016.Many issues need to be supervised.The lack of supervision in the market for the live broadcast platform has caused short-term market failures in the live web market,and various types of unfair competition are serious.The industry of online live streaming platform had witnessed rapid development in 2016,and many industries,in combination with online live streaming,had generated various forms of “Live Streaming Plus”.At the primary stage,facing such a type of emerging industry like online live streaming that features interaction and immediacy and bases on “Internet Plus” and sharing economy,China lacked the mechanism of response and was beset by laggedbehind control,hence leading to chaotic phenomena in early 2016,such as proliferation of contents violating public order and good custom,endangerment of netizens' property safety by false advertisement,unfair competition within the industry and frequent infringement upon privacy.Lack of supervision in the market of online live streaming had led to transient dysfunction of market mechanism,resulting in various severe unfair competitions.In the latter half of 2016,the State had realized the urgency to supervise the online live streaming market and introduced several laws and regulations in succession to regulate this emerging industry.For a certain period of time,relevant departments started to introduce regulations one after another to supervise and control online live streaming,and the number of supervisory departments sharply increased.However,due to the hysteretic nature of law and the particularity of the platform-related industry together with multiple supervising subjects and complex supervising foundation,the supervising efficiency was low.From complete lack of supervision to vigorous intervention by government,the supervision state also led to malfunction of government in supervising online live streaming.The above phenomena should be attributed to that what China emphasized in supervision over internet industry was more the unilateral administration by the government,with the roles of industrial organizations,enterprises and users remaining to be further explored and that the supervisory system for traditional industries was followed to respond to the industry of online live streaming,in which the government administrative departments conducted division of regions and categories for supervision according to the contents involved in online live streaming.In terms of supervisory time,there were three means: presupervision,which stressed the market access of online live streaming;formative supervision,which paid attention to supervision of law and rule-violating behaviors;post-supervision,which emphasized penalty to subjects.But the problems faced by such a supervision means lied in that different supervision departments might have varied understandings of the supervision boundaries,objectives and orientation.Due to the multiple properties of online live streaming,the means of “joint supervision” had led to the overlapping of interdepartmental duties,and even supervision excess,absence or dislocation when serious,hence resulting in more chaos.Starting from the angle of economics and economic law and using the theory of “failure of market and government” and “appropriate intervention” as well as “standard of society”,this paper discusses and analyzes the supervision issue for online live streaming platforms.Through comparing online live streaming platforms with traditional media industry in terms of historical development and with similar platform enterprises in a horizontal manner,an in-depth analysis of the common problems therein are made so as to explore the new supervision means of cooperative supervision involving multiple subjects like government,platform enterprise,industrial organization and society.Besides,the newly introduced private supervision mode theory for platform economy is discussed in detail.Furthermore,the feasibility of platform enterprise supervision and the cooperative supervision boundaries between government,platform,industry and society are also expounded from the aspects of the reasonableness of private supervision objective and the advantages of different supervision means.By studying the supervision in various countries of online live streaming,the currently scattered research results are collated and integrated into two types of supervision mode,namely government-dominated mode and cooperative supervision mode.Through comparison with Chinese supervision mode,cooperative supervision mode is introduced;the supervision order of enterprise self-discipline,industrial autonomy,government guarantee and social supervision is determined;the combination of soft laws and hard laws are emphasized in terms of supervision basis,and technologies like big data,blockchain and artificial intelligence are also applied into supervisory measures to enhance supervision by technologies.At present,the online live streaming platforms in China has gradually shifted from spurting development into stable development,with online live streaming penetrating into various areas in market covering media,e-business,travel and education.In the supervision of online live streaming platforms,we not only need to remove the tumors hindering the sound development of online live streaming market,i.e.,the behaviors disturbing the market order,but also guard against excessive government intervention of this emerging industry that will impede the development of new things.An all-in-one solution featuring perfect system,industrial self-regulation,joint supervision and technological innovation has to be put in place,so as to promote the healthy and orderly development of online live streaming industry in China. |
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