权力视角下平台经营者垄断风险的治理路径

    Pathways to Govern Monopoly Risks of Platform Operators from the Power Perspective

    • 摘要: 从权力视角审视平台经营者垄断,平台经营者垄断的本质为平台权力。平台经营者凭借数据、平台、资本和技术方面的内在机制,依赖公权力让渡与缺位、私权利依赖与服从的外生机制,不断获取和巩固平台权力。平台经营者垄断风险的产生源于平台权力的滥用,平台权力的弥散性、“准公共性”和不透明性导致平台经营者垄断风险的扩大化、复杂化和模糊化。对于平台经营者垄断风险的治理,传统二元结构下的治理范式存在主体单一、对象不清、手段落后等实然困局,因而需在三元结构下实现“公权力-平台权力-私权利”的动态平衡。遵循此治理范式,应重塑平台经营者垄断风险的治理路径,在治理主体方面,以多元协同共治抑制垄断风险的扩大化;在治理对象方面,以分级分类治理对平台权力分级和垄断行为分类,应对垄断风险的复杂化;在治理手段方面,以法律治理与技术治理并举化解垄断风险的模糊化。

       

      Abstract: From the perspective of the power, the monopoly of platform operators essentially revolves around the platform power. Platform operators leverage intrinsic mechanisms related to data, platforms, capital and technology, and rely on the transfer and absence of public power, as well as the dependence and compliance of private rights, to continuously accumulate and consolidate their platform powers. The emergence of monopoly risks of the platform operators stems from the abuse of platform power. The decentralized, quasi-public, and opaque nature of the platform power leads to the expansion, complexity, and ambiguity of platform monopoly risks. In response to these risks, the governance paradigm under the traditional binary structure faces practical dilemmas, such as a narrow scope of governance subject, ambiguous governance targets, and outdated governance methods. Therefore, it is necessary to establish a new governance paradigm under the ternary structure, achieving a dynamic equilibrium among public authority, platform power and private rights. Following this governance paradigm, it is necessary to reshape the path to manage platform operator monopoly risks. In terms of governance subjects, a multi-stakeholder collaborative model should be embraced to mitigate the proliferation of monopoly risks; in terms of governance targets, a graded and categorized approach should be implemented to address the complexity of monopoly risks by classifying platform power and monopoly behaviors; in terms of governance methods, a combination of legal and technological governance should be employed to resolve the ambiguity of monopoly risks.

       

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