Study On The Administrative Regulation Mode Of Private Power Of Network Trading Platform

The private power of online trading platform is a symbol of the privatization of power in the era of big data.On the one hand,platforms expand consumer markets,promote employment and optimize resource allocation by aggregating and distributing information and brokering transactions.On the other hand,when platform service providers manage and develop their platforms driven by commercial interests,they enlist more data technology resources,accelerating the process of power flow from the state to the platform society and gradually dissolving and reconstructing the power structure dominated by state power.Platform service providers have more discourse power than the government within the platform,and exert dominant influence on other subjects within the platform.At the same time,the platforms are flooded with chaotic phenomena such as algorithmic discrimination,big data killing and platform monopoly,which gradually become market failure,and the traditional private power regulation path is also difficult to regulate due to the more destructive and concealed private power of the platforms,which provide the prerequisites for government intervention,but the government also suffers from regulation failure,so a two-pronged approach should be taken to establish consultation and cooperation regulation.The concept of negotiation and cooperation regulation has prompted administrative jurisprudence to change from administrative act-centered legal interpretation to polycentric regulatory jurisprudence,and the government to change from direct executor of administrative tasks to guarantor and supervisor.Firstly,the article starts from analyzing the generation mechanism and specific manifestations of platform private power,and points out that platform private power has broken through private autonomy into the public domain,and its expansion and alienation urgently need to be included in the scope of government regulation.Secondly,by collecting and summarizing the relevant legislation of representative countries,three administrative regulation models are classified and summarized.The first is the platform self-regulatory weak regulation model represented by the UK and the US,the second is the government-led strong regulation model represented by the EU and Singapore,and the third is the consultation and cooperation soft regulation model advocated by the EU and Singapore,and the advantages and disadvantages of the above three models are reviewed.These three models are not static or mutually exclusive,but are dynamic restrictions,adjustments and improvements to the existing legislative and regulatory instruments according to the actual situation of different national platforms.Secondly,by pointing out the shortcomings of single weak and strong regulation models and the endogenous limitations of traditional regulation paths,which are difficult to effectively and comprehensively regulate the private power of the platform,it is further pointed out that the optimal solution is negotiation and cooperation regulation.However,in the process of transitioning to the soft regulation model of negotiation and cooperation,the subjects,norms and means of regulation still retain the color of coercive orders under the traditional high-powered administrative regulation model,and therefore there are problems in the articulation of the concept,system and means of implementation of regulation.Finally,three suggestions are made to improve the above problems.First,to establish the identity of platform service providers as cooperative regulators,reasonably define the regulatory responsibilities of platform service providers,and focus on enhancing the legitimacy of their self-regulation;second,to combine the characteristics of different types of online trading platforms,strengthen the responsiveness of new types of legislation and update the existing inappropriate legal norms,and help the platform to innovate and develop under the premise of adhering to the bottom line of administration according to law;third,to improve Optimize the traditional means of regulation,introduce the act of consultation and cooperation soft regulation,and promote the improvement of social credit tools system supervision,so as to articulate the system and behavioral tools,and realize the establishment and improvement of consultation and cooperation soft regulation mode adapted to the characteristics of platform economy development,and achieve better regulation goals.