Digital copyright consumer contracts often include"super copyright"clauses that limit reasonable use by consumers,lack clauses protecting consumer privacy,and ha-ve insufficient transparency in specific contract terms.These issues harm the interests of an indeterminate number of consumers,thereby damaging public social interests.Administrative supervision of digital copyright consumer contracts serves as an alternative path to market self-regulation and offers comprehensive advantages in efficiency,cost,scope,and expertise.This approach can effectively regulate digital copyright consumer contracts.Based on theories that limit freedom of contract and allow limited state intervention in private domains,administrative intervention in digital copyright contracts should primarily involve market regulatory authorities,supplemented by coordinated efforts from copyright authorities and the Ministry of Industry and Information Technology.Attention should be paid to the risks of public interest identification failure,expansion of contract participation stages,and formalization of intervention methods.Article 534 of the Civil Code should be refined to specify the regulatory authorities,tools,and responsibilities for contract supervision,thereby promoting the practical application of this article in the regulation of digital copyright product transactions.
关键词
数字版权/消费者合同/公权力监管/制度构造
Key words
Digital Copyright/Consumer Contract/Public Power Supervision/Institutional Construction
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