The oretical structures and normative control of platform power-legal relation
The various social problems on the internet platforms have a common root,which is the asymmetry of platform power-legal relation formed among platform operators,and two or more parties of users.Platform power is the decisive element of platform power-legal relation,whose essence lies in the social power obtained by the platform based on its position as a"gatekeeper",its vertical integration capabilities,and the advantages brought about by information asymmetry.The existence of platform power makes the platform power-legal relationship manifested in the internal structure(platform power relationship)as the platform's dominant relationship over users;The existence of user terms transforms and confirms this dominant relationship into an equal contractual relationship in the external construction(platform legal relationship).We should recognize the community convention status of user terms,strengthen platform autonomy with user terms as the core and participation of both platforms and users,regulate the exercise of platform power,conduct filing and review of user terms,and develop exemplary texts.
platform power-legal relationplatform powerplatform service termsplatform communityplatform regulation
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