Study On The Judicial Application Of Pricing Discrimination On Network Platform

In recent years,with the rapid development of the Internet,"big data","artificial intelligence","algorithm" and other applications are constantly applied in our lives,which has brought unprecedented changes to our work and life.However,the profit-driven nature of the market makes the application of big data itself not only for the convenience of people,but also naturally with the characteristics of seeking benefits.In 2018,"Big Data Kill" was selected as one of the top 10 buzzwords in online life.Since then,consumers have begun to pay attention to this phenomenon,and "Big Data Kill" " began to appear frequently on various Internet platforms.To study the judicial application of pricing discrimination on online platforms,We should clearly define the goal of safeguarding the legitimate rights and interests of consumers,Research and analyze what is the pricing discrimination behavior of online platforms,That is,the concepts and properties,Why do we use laws to regulate pricing discrimination on online platforms? That is,the theoretical basis of the legal regulation of the network platform pricing discrimination behavior;What rights and interests of consumers are specifically infringed upon by pricing discrimination on online platforms? That is,the performance of the network platform pricing discrimination behavior;In judicial practice,what are the deficiencies of the scope of the applicable subject,the applicable legal basis,the protection of consumer rights and the responsibility of platform operators? And to make suggestions to make up for these deficiencies.Pricing discrimination on online platforms is a new discrimination phenomenon in the era of big data,which is characterized by precision,concealment and diversity.At present,consumers cannot effectively use the weapon of law to protect their interests in the face of this behavior.Based on this,three suggestions are put forward through research and analysis.First of all,through the analysis of the current judicial dilemma,it puts forward the subject scope and legal basis of perfect judicial application.Through comprehensive consideration of the number of users,data processing ability,"stickiness" to users and other elements,broaden the scope of the Anti-monopoly Law on "operators with dominant market position".Consumers will be included in the "transaction counterpart" of the protection subject of the Anti-monopoly Law,and the scope of application of the protection subject will be expanded.By adopting three reasonable standards that meet the requirements of differential pricing,competition and consumers may obtain low price,the standardization of "justifiable reasons" standard is realized and the legal basis for judicial application is clarified.Secondly,it proposes to strengthen the protection of consumer rights.It is necessary to strengthen the protection of consumers ’personal information,and guarantee the control of consumers’ personal information by clarifying the subject of collecting and using data,and implementing the principle of transparent use of data.The principle of informed consent is reconstructed by drawing on the dynamic risk management concept of the EU and the United States.By clarifying the main scope of public interest litigation,the mechanism of consumer public interest litigation should be improved,and the channels for safeguarding consumer rights should be unblocked.Finally,the responsibility of the platform operators should be compacted.The inversion of the burden of proof is applied by adopting the principle of presumption of fault.Increase the punishment and management responsibility of platform operators,expand the scope of the meaning of price fraud in the Price Law,and further increase the amount of punitive compensation.