| With the rise and rapid development of the Internet,lifestyles such as e-commerce and online payment have been rapidly popularized,and it is increasingly difficult for people living in modern society to leave everything brought about by Internet technology.However,more and more phenomena and cases are also reminding people that the disadvantages brought by Internet technology are also growing,causing infringement on the legitimate rights and interests of ordinary people.For example,“amazon case” is a typical case of “killing ripe”with big data.Such behavior should be defined as price discrimination of big data,which undermines the fair and free market competition order,infringes on the rights of consumers and hinders technological innovation.However,under the background of big data,price discrimination is characterized by concealment,technicality and the ability of operators to accurately classify the market and consumer groups,which not only makes it difficult to identify the traditional theory of price discrimination,but also makes it difficult for the existing laws to regulate it.To sum up,under the background of big data,the regulation of price discrimination by traditional theories and existing laws is faced with many difficulties,which also indicates that the regulation of price discrimination needs to be improved urgently.The above is the source of this paper.In addition to the introduction and conclusion,this article consists of the following four parts:Part one: overview of price discrimination in the context of big data.This part mainly focuses on the phenomenon of price discrimination in the context of big data to define this new concept of price discrimination.“Kill cooked by big data” lead in the big data of the typical case “kill” and analyze the application of scene,subsequent to the big data under the background of e-commerce operators to price discrimination pricing strategy and big data basic approach to analysis,and in this paper,the traditional price discrimination in economics and law perspective,to highlight the big data price discrimination with traditional price discrimination and price discrimination,the characteristics of the large data so as to explore how to big data under the background of price discrimination.Part two: the analysis of the causes of price discrimination and the necessity of regulation under the background of big data.First of all,this part analyzes the causes of price discrimination under the background of big data,mainly including Internet market factors,consumer factors and regulatory factors.After that,this part mainly expounds the necessity of regulating big data price discrimination,which is reflected in three aspects: one is that big data price discrimination is illegal,the other is that big data price discrimination is socially harmful,and the third is that regulating big data price discrimination has practical significance.Part three: research on the dilemma of price discrimination regulation under the background of big data.In the current legal system,several laws such as the price law,the consumer rights and interests protection law,the anti-monopoly law and the e-commerce law have the regulating effect on the price discrimination behavior of big data.This part mainly analyzes the role of China’s current legal system in regulating price discrimination in big data,and then finds out the deficiencies,so as to find out the legal regulation countermeasures to improve price discrimination in the future under the background of big data.Part four: suggestions on improving the legal regulation of price discrimination under the background of big data.Firstly,at the legislative level,the problem of price discrimination in big data should be clearly defined,the accountability mechanism for price discrimination in big data should be improved,the legislative protection mode of personal data should be improved,and the regulation of different legal departments should be improved.Secondly,at the level of law enforcement,supervision should be strengthened and forms of supervision should be innovated,such as the establishment of independent regulatory authorities and the introduction of third-party evaluation mechanism.Third,at the judicial level,the judicial approach should be changed to implement biased protection,and the Internet court should be promoted.Finally,at the law-abiding level,operators should regulate their own behavior,promote the industry self-discipline management,and establish a self-discipline system. |
