QI Peng. The Digital Economy Empowers A Better Path for Platform Terms and Regulations in Chinese Modernization[J]. JOURNAL OF BEIJING UNIVERSITY OF TECHNOLOGY(SOCIAL SCIENCES EDITION), 2023, 23(6): 149-160. DOI: 10.12120/bjutskxb202306149
    Citation: QI Peng. The Digital Economy Empowers A Better Path for Platform Terms and Regulations in Chinese Modernization[J]. JOURNAL OF BEIJING UNIVERSITY OF TECHNOLOGY(SOCIAL SCIENCES EDITION), 2023, 23(6): 149-160. DOI: 10.12120/bjutskxb202306149

    The Digital Economy Empowers A Better Path for Platform Terms and Regulations in Chinese Modernization

    • In the era of digital economy, platform standard clauses are widely spread to have caused the imbalance of fairness of the "dual form terms" of digital economy platforms, which has become the focus of urgent attention both in affecting the high-quality development of the digital platform economy and promoting the new development pattern of Chinese modernization. In order to avoid contract imbalance caused by disparity in power between transaction subjects, efforts should continuously be made to improve the contract governance system for the digital economy, rethink the relationship between monopolistic behavior and contract rules in the digital economy, clarify the subjective and objective multiple factors in the disclosure of platform standard clauses, and change the bias by relying only on the anti-monopoly law and public regulations. Taking the multiple factors of subjective factors between transaction entities and the objective attributes of platform contracts as the starting point, the imbalance of platform standard clause information should be repaired from the perspective of contract private law. It is proposed to correct the negotiation ability of transaction entities, standardize the expression form of platform standard clauses, and objectively quantify the disclosure standards of clauses, so as to reverse the subjective bias of platform transaction entities; enhance the interactivity of platform transactions, increase the transparency of contract terms, promptly supervise the disclosure of contract terms, and improve the objective mechanism for disclosure of clause information.
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