Abuse of the Management Rights of Platform Operators and the Approaches of Regulation
In the digital era,the role of platform operators has changed from market tool people to organized managers,with the statutory function of self-discipline management.However,the overlap between the identities of the profit-making entity and the management entity of the platform operator has led to the abuse of rights that are difficult to be effectively identified and have limited regulation in the process of contract conclusion and performance.The main reasons are:the conflict between the appearance of the private subject and the public nature of the behavior of the platform operator,the conflict between the autonomy of private law of the management rules and the lack of an environment for contracting and negotiation,and the fact that the management behavior is guided by principled norms and inclusive and prudential supervision.In order to maintain a sound platform business ecosystem,platform operators should shoulder their role responsibilities and refine their corporate social responsibilities in accordance with articles 19 and 20 of the Company Law of the People's Republic of China.At the program level,the selection channel of platform services should be constructed to strengthen the voice of platform users.At the substantive level,management acts are subject to judicial review,and measures to exercise power should comply with norms prohibiting abuse of rights.
platform operatorsmanagement rightsfor-profitsocial responsibilityabuse of rights is prohibited
NETL
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