Font Size: a A A

Comparative Study On The Legal System Of Digital Platform Gatekeepers In China And The European Unio

Posted on:2024-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:W J FengFull Text:PDF
GTID:2556307094998739Subject:Legal history
Abstract/Summary:
With the rapid development of China’s digital economy,new technologies are emerging on network platforms,and new models and formats are also emerging one after another.The development of the digital economy not only brings changes to people’s lifestyles,but also benefits people’s livelihoods.Behind this,digital platforms play a crucial role,and the healthy development of the digital market requires the orderly operation and fair competition of digital platforms.As a gatekeeper,digital platforms can control the architecture of social reality and information.Over the past half century,the gatekeeper theory centered around the media has provided a solid foundation for constructing an analytical framework for selecting and controlling public news.After entering the digital era of this century,the operation of numerous digital platforms has supported the development of the digital economy.Digital platforms are gradually replacing traditional media and becoming the core of the "gatekeeper" theory.The inequality between digital platforms and other operators and platform users has led to the infringement of the legitimate interests of other operators and users in a disadvantaged position.The country’s management system for such platforms has also become increasingly strict,transitioning from inclusiveness and prudence to strong regulation.In the context of the digital age,platforms supported by algorithms and data have become a new type of monopoly industry,and it is necessary to establish specialized systems and carry out targeted regulations.In 2019,China implemented the "E-commerce Law",and in 2021,the "Anti Monopoly Commission’s Anti Monopoly Guidelines on Platform Economy" was issued.In 2022,the "Anti Monopoly Law" was revised.China’s regulations on digital platforms are constantly improving,but they are still too general and vague.Looking at the European Union,it proposed in2020 and passed the Digital Market Law in 2022,which for the first time defined the identity of large digital platforms as "gatekeepers".It innovatively proposed "blacklist" and "gray list" rules,and established a pre supervision system to eliminate the monopolistic power of large digital platforms,allowing other small and medium-sized operators to participate in fair market competition,creating a precedent for the "gatekeeper" system of digital platforms.The two guidelines issued by the State Administration for Market Regulation of China in 2021,namely the "Guidelines for Classification and Grading of Internet Platforms(Draft for Soliciting Opinions)" and the "Guidelines for Implementing Main Responsibilities of Internet Platforms(Draft for Soliciting Opinions)",specifically define large-scale digital platforms as super platforms.The introduction of these two guidelines marks the gradual establishment of a "gatekeeper" system in the field of China’s digital economy.This article starts from the transformation of the "power" of the platform gatekeeper,traces the origin of the "gatekeeper" system,and briefly outlines the evolution process of the "gatekeeper".Mainly analyzing the relevant laws,regulations,and systems of the European Union regarding the "gatekeeper" of digital platforms,and comparing them with China’s platform system,analyzing the problems in China’s digital platform system,and proposing suggestions for regulating China’s gatekeeper system.
Keywords/Search Tags:Gatekeeper, Digital platform, European Union, compare
Related items