On The Legal Regulation Of E-commerce Platform Abusing Market Dominant Position In China

In recent years,domestic e-commerce platforms(e-commerce platforms),represented by Internet enterprises such as Taobao,Jingdong and Pinduoduo,have emerged one after another and developed rapidly.As an important hub for transactions between operators and consumers within the platform,e-commerce platforms have made great contributions in promoting domestic demand and developing the economy.However,with the rapid development of e-commerce technology and the intensifying competition among e-commerce platforms,many problems have followed.Due to their special attributes different from traditional enterprises,some electric business platform to obtain competitive advantage,and use of the unique advantages of their own market position,abuse of dominant market position behavior,unfair competition,and this situation is gradually increasing.The traditional Anti-Monopoly Law lacks relevant provisions on the abuse of dominant market position by emerging e-commerce platforms,and the newly promulgated E-commerce Law also lacks perfect relevant provisions on e-commerce platforms.How to regulate the abuse of dominant market position by e-commerce platforms through legal channels has become an important issue to be solved urgently in China at present and for a long time in the future.This thesis uses normative analysis,case analysis,comparative analysis and other methods to study the legal regulation of the abuse of dominant market position by e-commerce platforms in China.Full text in addition to the introduction,which is divided into the following four parts:The first part for electric business platform related basic theory of abuse of dominant market status.Its contents including the connotation and characteristics of the electric business platform,electric business platform of the abuse of dominant market position and electric business platform of abuse of dominant market position legal regulation system of value,etc.The second part is about the legal regulation status and existing problems of the abuse of dominant market position by e-commerce platforms in China.Through the analysis of the current legislation status of e-commerce platforms in China and typical cases in judicial practice,the thesis believes that the problems existing in the legal regulation of the abuse of dominant market position by e-commerce platforms mainly include imperfect legal provisions,weak law enforcement links and incomplete judicial work.The third part is the current situation and experience of the legal regulation of the abuse of dominant market position by foreign e-commerce platforms.Through the comparative analysis of some representative foreign countries and regions in regulating the abuse of dominant market position in e-commerce platforms,this thesis believes that the experience worth learning for China includes weakening the definition requirements of relevant markets,increasing the illegal cost of e-commerce industry,and strengthening the regulation of e-commerce industry system.The fourth part is consummates our country electric business platform of abuse of dominant market position legal regulation countermeasure,it is the core content of the full text.This part of the electric business platform in China development present situation and existing problems,through draw lessons from foreign experience,put forward the regulation of our country electric business platform,abuse of dominant market position situation perfect Suggestions,including: in terms of perfecting legislation,should improve the electric business platform anti-monopoly law system,strict definition of relevant market standards,clear standard of identifying a dominant market position,and improve the responsibility system for the existing provisions;In terms of optimizing the law enforcement of government agencies,professional law enforcement agencies should be set up,professional quality of law enforcement personnel should be improved and supervision forms of e-commerce platforms should be improved.In order to improve the judicial work,we should establish the anti-monopoly private start-up mechanism,carry out the civil public interest litigation and establish the case guidance system,in order to provide some enlightenment for the legal regulation of the abuse of dominant market position by China’s e-commerce platform.