Research On Legal Issues Of Algorithmic Discrimination In The E-commerce Field

In recent years,the rapid development of the e-commerce economy in China has become an important driving force to China’s economy.E-commerce companies rely on the algorithm’s continuous innovation and breakthrough to not only achieve higher user stickiness,reduce operating costs and earn more profits,but also greatly improve the experience and effects of personalized recommendations for consumers,but at the same time,there have been frequent incidents of infringements on consumer’s rights resulting from personalized price discrimination,bidding rankings,and recommending discrimination.Algorithmic discrimination not only infringes on the legitimate rights and interests of consumers but also may harm market competition and social fairness and justice.Algorithmic technology itself is innocent,it only makes the differential treatm ent existing in the traditional economy easier to achieve and accurate.In the final analysis,it is only a technical means of commercial rule implementation.For the protection of consumer rights and interests,it is not appropriate to restrict the commercial freedom of e-commerce companies too much to protect consumers’ rights and interests.If this leads to insufficient business activities of e-commerce companies,it is the consumers who will ultimately suffer.For the protection of market competition,the current Anti-Unfair Competition Law,the Anti-monopoly Law,and the newly issued Anti-monopoly Guide in the Platform Economy are not entirely appropriate for the regulation of the e-commerce economy,and it is suggested that certain provisions should be adjusted,and adjustments should be made in the criteria of interests of consumers and market dominance,the determination of relevant markets and differential treatment,and the burden of proof,to ensure full competition in the ecommerce economy.For the protection of social fairness and justice,it is suggested to promote the construction of ethical norms and a multi-level algorithm discrimination supervision system in the algorithm industry.