Research On Legal Regulation Of Limited Trading Behavior Of E-commerce Platform

In recent years,with the rapid development of platform economy,it is not uncommon for the platform to implement limited trading.China’s existing laws can no longer meet the new competitive relationship brought about by the rapid development of e-commerce platforms.The implementation of restricted trading behavior on e-commerce platforms is getting worse,the platform lacks self-discipline awareness,the direction of laws and regulations is unclear,and the supervision of regulatory authorities is not in place,all of which are the"culprits" of restricted trading behavior on e-commerce platforms.At present,the laws regulating the restricted trading behavior of e-commerce platforms in China are mainly embodied in the fields of Anti-monopoly Law,Anti-unfair Competition Law and E-commerce Law.However,due to the influence of traditional market competition,the existing laws are not so applicable to the regulation of the new platform competition relationship.The Anti-Monopoly Law has always been difficult to define the relevant market and to identify the platform abusing market dominance.The Anti-Unfair Competition Law has conflicts of interest among all parties when it is applied to "Internet articles"that restrict trading behavior;However,the definition of comparative advantage in Article 35 of the E-Commerce Law is too broad,and the existing laws can not achieve the ideal effect in solving the limited trading behavior of e-commerce platforms.The construction and development of China’s e-commerce market is closely following that of developed countries.Therefore,when regulating the unfair competition behavior of e-commerce platforms,we can use the latest research results of the European Union-the gatekeeper system,and establish a prior supervision framework to provide a more perfect new idea of competition law for China.To regulate the restricted trading behavior of ecommerce platform,we must comprehensively consider the coordination relationship among the laws.When the Anti-Monopoly Law is not enough to regulate the improper behavior of the platform,we can make up for the shortcomings in the Anti-Monopoly Law with the help of legal explanations in the Anti-Unfair Competition Law and the Electronic Commerce Law.In addition to the theoretical system construction of restricted trading behavior of e-commerce platform,law enforcement supervision and judicial construction can not be ignored.Only by all-round improvement can we solve the restricted trading behavior of e-commerce platform from the root and build a more just and stable competitive market.The research on the restricted trading behavior of e-commerce platform is helpful to enrich relevant legal theories and provide theoretical support for legislative perfection.