On The Legal Regulation Of The Authorization Power Of Online Platforms

The development of the Internet and information technology has given birth to a new business organization model of network platform,and large network platforms such as Weibo,We Chat,and Taobao have brought a lot of convenience to people’s lives and have long become an indispensable part of public life.However,with the full sinking of the Internet,the incremental competition model of non-interference between network platforms has changed,the stock competition between platforms has become increasingly fierce,and a large number of monopolistic network platforms have grown,resulting in platform chaos such as "Big data discrimination"," Priority over VIP ","Counterparty Limited" and so on.In response to these problems,researchers have proposed many solutions from various angles.However,the traditional perspective of anti-monopoly and consumer rights protection often adheres to an economic logic and ignores the political and social benefits in the cybervirtual space represented by Internet platforms.Platform authorization power provides a new perspective to observe the chaos on the platform,and also provides a new path for platform governance.Through the analysis of the basic concept of authorization and the reference to national authorization,the platform authorization power is defined as a continuous recognition power with qualification granting and resource allocation as the content that plays a basic role in the operation of the platform,and its authorization objects include identity and network behavior and content tied to identity.Contracts and contractual communities generated by relying on contracts,control of resources such as data and markets,and authorization and participation of public power are the main supports for the occurrence of platform authorization power.Identity authorization,recognize authorization,and content authorization are the three basic types of platform authorization authority operation.Compared with national authorization,although the subject of the exercise of platform authorization power is the "private subject" of the platform,the legal regulation of platform authorization power still has its legitimacy.From the perspective of citizens’ basic rights,platform authorization power meets the conditions of obvious resource advantages,actual formed dominance,and majority of dominating objects,and belongs to a kind of social public power that should be included in the constitutional framework;From the perspective of law and economics,platform authorization power is a cost of public rights enjoyment,right exercise and rights relief,and regulating certification power has the significance of reducing the total cost of social rights exercise and improving the total social welfare.From the perspective of self-regulation,certification power,as a means for platforms to achieve self-regulation,is not well "regulated" in itself.At the practical level,the exercise of platform authorization power has problems such as infringing on personal and property rights and interests,interfering with market competition order,and undermining public order and national security,which makes the legal regulation of platform authorization power necessary.The legal regulation of platform authorization power should comprehensively consider the conflict of legal values such as freedom and order,efficiency and fairness,innovation and security in the context of online platforms,and strive to maintain the vitality and creativity of the platform economy while regulating the authorization power.Specifically,in the design of the legal system,it is necessary to strengthen the construction of the legal system for key authorization links such as platform access,algorithm identification,and public opinion disposal,standardize the scope and method of authorization of authorization power in terms of power sources,and at the same time give full play to the platform’s ability to self-regulate,and take the principles of nondiscrimination or neutrality,due process and proportionality as the general principles for the operation of authorization powers in the field of platform authorization that have not yet been covered by the legal system.