Research On The Legal Regulation Path Of "Big Data Killing"under The Algorithm Tool

In the era of Internet,people have been living in an "algorithm society" with automatic decision making as the main form of expression.Big data technology is the product of the progress of The Times.It makes people’s life more convenient and efficient,and provides strong support for the scientific and technological progress and the rapid development of economy and society.However,big data has two sides,and it also gives rise to the problem of "big data killing" for example.The essence of "Big Data Killing" is that online market operators use algorithmic tools to set different price policies for consumers.Information age,the consumers’ personal data on the network,causing the Internet platform for data acquisition is very convenient,the current Internet market expands rapidly,many participants and potential participants,competitive pressure is big,the Internet businesses to gain a foothold in the Internet market,take the sacrifice of consumers’ rights and interests,one-sided pursuit of economic benefit maximization.Under market economy,pursuing profit is the essence of operator.However,in the era of big data,it is worth noting that the legal problems caused by Internet operators’ differentiated pricing of different consumers in the process of pursuing economic interests.The behavior of "big data killing" infringes on consumers’ right to know,right to fair transaction and right to personal information,and damages the order of market competition.Therefore,from a long-term and sustainable perspective,while supporting the development of Internet economy and artificial intelligence,it is necessary for the state to regulate the negative effects of "big data" by law.Through sorting out,analyzing and studying the problems related to the behavior of "big data killing mature",this paper theoretically defines the legitimacy,illegality and behavior nature of the behavior of "big data killing mature".Because of "big data kill cooked" is differential pricing behavior nature,involving economics and law on the different understanding of differential pricing,"big data kill cooked" behavior can be regarded as economic operators to achieve benefit maximization enterprise and the implementation of price discrimination and has a certain legitimacy,but this behaviour does infringe on the legitimate rights and interests of consumers and damage as a result,Therefore,it should be determined that the act is illegal in essence.As for the characterization of the behavior of "big data killing",the academic community mainly has two viewpoints: the theory of price discrimination and the theory of price fraud,to find out the specific requirements of the behavior of price discrimination and price fraud in the legal sense,and to clarify the nature of the behavior of "big data killing".In view of the problems existing in the legal regulation of "big data killing" in China,through the analysis of the current situation in China,drawing on the excellent experience of developed countries and related to the facts in China,this paper strengthens the governance of algorithm tools,establishes the identification mechanism of "big data killing",and improves the relevant laws and regulations.In order to provide theoretical reference for improving the legal regulation path of "big data control",and ensure the basic rights and interests of consumers to be firmly guaranteed in the rapidly developing Internet era.