Research On The Abuse And Regulation Of Autonomous Penalty Power Of E-Commerce Platforms

With the vigorous development of Internet information technology,the number and types of e-commerce platforms have grown explosively,and the platform economy has entered a stage of rapid development,gradually becoming a key part of the market economy.The rapid development of electronic information technology has also given rise to the right of autonomous punishment of platforms,but the causes of autonomous punishment have not yet been clarified,and the chaotic phenomenon of abuse of autonomous punishment by platforms has already appeared in practice.In the current situation of diversified platform governance,the focus of this paper is to clarify the current situation of the abuse of the right to self-governance by e-commerce platforms,to justify the right to self-governance by e-commerce platforms,and to realize the effective regulation of it.The main part of this paper can be divided into four chapters.The first part analyzes the current situation of the abuse of the autonomous penalty power of e-commerce platforms from cases,and analyzes different abuses of the autonomous penalty power of e-commerce platforms in three dimensions:users’ rights and interests,due process and competition.As a subject of internal governance,the platform should exercise its power with objectivity and impartiality,and meet the substantive and procedural requirements of legal provisions and platform rules,but the platform adopts overly harsh and unified standard punishment measures against the principle of proportionality driven by interests,and the imperfection of legal provisions and platform rules leads to the lack of public transparency,user statement and defense procedures and right remedy procedures,and the imperfection of both physical and procedural aspects easily gives the platform the opportunity to take advantage of the power of self-governance.The imperfection of both physical and procedural aspects easily gives the platform the opportunity to use the autonomous penalty power to suppress competitors and achieve discriminatory treatment.The root cause behind the abuse of autonomous penalty power by e-commerce platforms lies in the conflict between platform interests and social interests,and the excessive pursuit of platform interests may easily induce the abuse of autonomous penalty power.The second part analyzes the rationality of the autonomous penalty power of e-commerce platforms,and an accurate grasp of the path of power generation can lay the foundation for power regulation.The power of autonomous punishment is a de facto power,but its emergence is not accidental,but an inevitable product of the growing market power of the platform based on contractual relationship,which is a realistic need of Internet governance.The most direct and original source of the right to self-governance punishment is the contract signed between the platform and the user,and the user has to obey the management of the platform and accept the punishment because of the contractual relationship between the two parties;then the strong market power of the platform,the evolution of the nature of the platform,the duality of the platform and the lock effect of the user further consolidate the right to self-governance punishment of the e-commerce platform;at the same time,the platform and the user both grow,and the limited nature of the government regulation gradually becomes prominent,and the platform At the same time,both platforms and users grow,the limited nature of government regulation becomes prominent,and platform autonomy comes into being.The third part analyzes the regulatory dilemma of the autonomy of e-commerce platforms.In the current legal framework,there is the dilemma of private law regulation with unclear nature of platform rules and limited application of form clauses,the dilemma of network law regulation with fragmented and low-level legislation and lack of clear enforcement departments and reasonable enforcement procedures,and the dilemma of anti-monopoly law regulation with difficult definition of relevant markets and unclear provisions.The fourth part explores the issue of regulatory structure from the perspective of power control.Firstly,it can refer to the public carrier system and introduce the principle adjustment role of public power in power setting,power implementation and right remedy;secondly,it can strengthen the public-private cooperation governance and improve the private law regulation with the e-commerce law as the main body and the participation of multiple subjects;thirdly,it can refine the special regulatory role of the anti-monopoly law on the platform.