Governance Of Alienation Of Self-Regulation Of Network Platforms

At present,the dominance and influence of network platforms in cyberspace are continuously strengthened with the improvement of technological capabilities.Due to their advantages in regulatory resources such as technology,data,and information,they have become the key to shaping order within the platform and in cyberspace.One of the important subjects.This trend of the state power transferred to the society,as well as the diversification of regulatory bodies and the decentralization of regulatory resources.In the process of constructing the order of rule of law in cyberspace,how to activate the order-shaping ability of the network platform while making this essentially private regulatory capacity in line with social public interests without the erosion of user rights?Important dimensions for the regulation of cyberspace and related institutional design in the future.The shaping of cyberspace order involves the relationship among the government,the internet platform and the users.In the management dimension between the network platform and the user,the network platform has transcended the purely market participants’ economic person attributes and gradually played the role of a government-like private governor.By drawing up rules,enforcing rules and handling disputes,the user’s Part of the management power,and extending this power to the dimensions of the platform’s internal user behavior norms,protection of rights,and dispute handling,etc.,to a certain extent,it even has law enforcement properties.At the current stage of China ’s policies and legislation on the construction of cyberspace order and the governance of cyberplatforms,the main responsibility of cyberplatforms is emphasized.Through public law review obligations and legal liability settings,cyberplatforms are forced to strengthen self-management.The government will also Public management responsibilities are transferred to the network platform,so the network platform draws the power of managing users from this management responsibility in public law,thereby shaping the order of rule of law within the platform and even in cyberspace.Between the government and the network platform,the government conducts performance evaluation of the self-management of the network platform.If the platform does not fulfill its responsibilities well,the government adopts high-intensity negative incentive mechanisms such as interviews and administrative penalties to strengthen the network platform.Compared with the government,self-management,the network platform has become the object of management and regulation.This ultimately shaped the system design logic of "government-managed platforms and platform-managed users." Therefore,the network platform is a regulated person to the government,and a regulated person(private regulatory body)to the user.In the future,the stronger the government ’s willingness to shape the order of cyberspace through the intermediary of the internet platform,the more prominent the regulatory body status of the internet platform compared to users,so users ’behaviors in cyberspace are subject to both government regulations and restrictions.Subject to network platform regulations.As a private regulatory body,the network platform assumes the task ofpublic governance in cyberspace,which reflects the public attributes of the network platform.The network platform is essentially the private body of the market.The dual nature of the public platform and the private platform of the network platform leads to its self-regulation.Overlapping and conflicting roles occur during the process.On the one hand,as a rational economic person,the network platform has the self-interest attribute of pursuing the maximum benefit.The self-regulatory behavior of the management user also follows the cost-benefit efficiency logic.When this self-interest attribute penetrates the self-regulation of the network platform In the operation of the system and practice,it is easy to cause self-regulation to deviate from public interests and violate user rights.On the other hand,the shaping of user behavior,the coordination of interests,and the shaping of cyberspace order by the network platform are extremely public attributes.The matters involved in self-regulation from the network platform have clear public attributes,and the rule formulation,enforcement,and dispute handling carried out by the network platform are even considered by scholars to be "quasi-public rights".Based on this perspective,the self-regulatory behavior of the network platform as a manager should adhere to the objective,neutral,and fair role positioning,but this is in line with the attributes of the economic person who seeks to maximize the benefits of the network platform and its centralized legislation The overlapping roles of quasi-public powers such as quasi-enforcement,quasi-judicature,and other quasi-public rights are in conflict,which inevitably erodes the inherent value of objective,neutral,and fairness that self-regulation should have.The regulatory resources such as technology,information,data,and algorithms of a network platform determine that it must inevitably undertake part of public management tasks,at least regulatory behaviors with public management characteristics,and the non-exclusive nature of regulatory resources and regulatory capabilities.Limitation naturally leads the government to use the network platform to shape a good rule of law including the entire network space inside the network platform based on the principle of economic efficiency.The problem is that the self-regulatory behavior of the network platform as the private body of the market may cause many negative effects due to its self-interest bias,lack of transparency,and avoiding responsibility.With the increasing trend of diversification of regulatory bodies,how to strengthen the self-regulation of network platforms while ensuring that they do not deviate from the public attributes of self-regulation is the focus of this article.This article consists of an introduction,five chapters and a conclusion.The introduction first explains and explains the background of this topic,as well as its theoretical and practical significance.It is of theoretical and practical significance to study the deviation and alienation of self-regulation of the network platform and propose targeted countermeasures.Secondly,this article reviews and summarizes the existing research literature on the role positioning,dominance and influence of the network platform,as well as platform rules,self-management,and dispute handling.This constitutes the continuation of this research.On the basis of the premise of deepening,deepening and expanding,on the basis of this,point out the deficiencies of the existing research.Finally,it summarizes the research methods used in this paper,the logic of the text,and clarifies some possible experimental innovations.The first chapter mainly researches from the perspective of basic theory,focusing onthree issues.First,the article explained and explained the connotation,type,characteristics of the network platform and the connotation of the self-regulation of the network platform.In the context of this article,the network platform mainly refers to the network platform service provider.The focus of this article is on commercial network platforms,excluding public management network platforms and network platforms specialized in crime.Network platform self-regulation refers to the activities and processes of shaping the internal order of the platform through the establishment of rules,enforcement rules,and dispute handling through voluntary or forced external pressures such as government supervision and social public opinion.,Coordinating interests,resolving disputes and conflicts,has a clear publicity.Secondly,the reasons for self-regulation of the network platform are analyzed.The incentives for economic benefits,the strengthening of legal responsibilities,and the response to the pressure of social public opinion constitute the inherent motivation of the self-regulation of the network platform.This self-regulation has voluntary based on autonomy.Sexuality and coercion based on external pressure and subject’s privateness.Finally,the public attributes of self-regulation of the Internet platform are clarified.Although the Internet platform has self-interest in the three dimensions of rulemaking,rule enforcement and dispute resolution,it cannot be denied that it has the advantages of protecting user interests and shaping a good cyberspace order.The public attribute does not push the interests of the platform to the extreme,but has a direction that fits the public interest.The second chapter analyzes the deviation and even alienation of self-regulation of the network platform.This article analyzes the different degrees of deviation and even alienation in the self-regulation of the network platform from the three dimensions of rule making,self-regulation and dispute handling,which deviates from the objectivity,neutrality and impartiality that it should have as the subject of regulation.First,in the dimension of rule formulation,as a platform rule with quasi-public goods attributes,the content will deviate from the legal requirements and the unreasonable allocation of rights and obligations,and lack the participation,negotiation,and communication of multiple subjects in the formulation process.Most of them are the manifestation of the unilateral will of the platform,ignoring the minimum procedural requirements for rule making.In the dimension of self-regulation,under the influence of efficiency logic and government campaign-type law enforcement,the online platform’s supervision of users’ violations of laws and regulations shows a state of coexistence of negative supervision and excessive supervision.The lack of basic procedures can easily induce rights.Erosion effect.In the dimension of dispute resolution,the network platform has formed an endogenous dispute resolution mechanism in the process of repeated games with users and merchants,and it is difficult for the network platform to maintain its neutrality and impartiality in the exercise of similar judicial power Coupled with the constraints of resources,the unfairness of dispute handling has been repeatedly criticized and accused by users.Behind this is essentially a reflection of the deviation and even alienation of the quasi-public rights operation that the network platform actually holds.The third chapter analyzes the power implication of self-regulation of the network platform.If power is defined as some kind of influence and dominance,the network platform already has considerable dominance and influence in cyberspace and in themanagement of users,and it presents in the dimensions of rule making,execution and dispute resolution.It has a complex power structure and has the distinctive characteristics of quasi-legislative power,quasi-enforcement power and quasi-judicial power.The expression "class" is the concept of degree,which aims to clarify a certain degree of dominance and control of network platforms in regulating user behavior.With the strengthening of the network platform’s monopoly on big data,information,algorithms and other technical resources,a platform internal order shaping mechanism based on technology control capabilities has been established,expanded,and stabilized.Users within the platform must obey the network platform Management even needs to accept certain penalties.The network platform’s power management base for users mainly includes contracts(user service agreements),capital and technology(big data,information,algorithms).Users use the formally equal but actually limited user service agreements to transfer some rights and freedoms.Transferred to the network platform,transferred some rights and freedoms.Based on this transfer of rights,it has accumulated the intended power to control and manage users.The blessing of capital and technology constitutes an important source of de facto power on the network platform.However,big data,algorithms,information and other technical elements have strengthened the regulatory capabilities of the network platform as the main body of private regulation,so the control and management of users on the network platform has been strengthened.The deviation of the self-regulation of the network platform,the essence of alienation is the alienation included in the power itself.This is because as a rational economic person,the network platform is easy to deviate from the public attributes of self-regulation in the pursuit of maximizing the benefits.There is a conflict between the actual operation and the proper positioning of publicity,so this power that extends and extends to the management and control of users will be alienated.The construction of the specific system in the following text is carried out from the perspective of power control,so this chapter constitutes the basis for subsequent research.The fourth chapter analyzes the theoretical model of meta-regulation.The core of meta-regulation theory lies in the re-regulation of self-regulation,that is,self-regulation under the supervision of the government,and this constitutes the theoretical basis for the subsequent construction of related institutions in this paper.Meta-regulation aims to allow regulated entities to respond internally and self-regulated through government guidance and regulation,and properly handle the relationship between network platform autonomy and government supervision.Therefore,the meta-regulation theory is quite reasonable and justified as a theoretical model to correct the self-regulation deviation and alienation of the network platform.The fifth chapter is mainly to respond to the problems of self-regulation of the network platform,based on the theoretical model of meta-regulation and to construct related specific systems from the perspective of control rights.At the level of rule formulation,it proposes a targeted construction of a multi-participation consultation system and a platform rule evaluation system under the government’s pockets,in order to suppress the deviation and alienation of the regulatory power of the network platform.Aiming at the alienation of self-regulation of the network platform,based on the theory of structural coupling,it is proposed to set up connection points inside the networkplatform;based on the regulatory concept of shifting from control to learning,it proposes to construct a learning-centric supervision feedback and behavior correction system;based on the concept of due process,The most basic procedural rules that should be followed to build a self-regulatory network platform.In response to the injustice of dispute settlement on the Internet platform,three specific regulatory paths are proposed.One is to legalize and absorb the public dispute resolution mechanism,thereby transferring part of the dispute resolution right from customer service to public review;The introduction of credit tools strengthens the enthusiasm and fairness of dispute settlement on the network platform;the third is to realize the connection between the endogenous dispute resolution mechanism and the exogenous dispute resolution mechanism of the network platform through shunting,thereby reducing the number of network platform dispute settlement and avoiding causes.The limitation of personnel and professional knowledge induces unfairness in dispute handling.The concluding part is a brief review of the important conclusions of this research,and put forward some tentative ideas for the continuation and deepening of this research.