Establishing a digital gatekeeper system represents a cutting-edge global issue aimed at enhancing the legal framework for platform governance.The European Union's Digital Markets Act has raised international disc...Establishing a digital gatekeeper system represents a cutting-edge global issue aimed at enhancing the legal framework for platform governance.The European Union's Digital Markets Act has raised international discussions by introducing a systematic approach to the digital gatekeeper paradigm.China's digital gatekeeper legislation embodies distinct Chinese characteristics,including the delineation of gatekeeper obligations across various scenarios,complex institutional objectives,a diverse array of gatekeeper obligations,and the promotion of platform self-governance.However,China's approach faces several challenges,such as fragmented legal provisions,ambiguities in the definitions and scope of gatekeeper obligations,an overemphasis on substantive measures,and insufficiently specialized regulatory and punitive mechanisms.To comprehensively implement and enhance the digital gatekeeper system,it is essential to adopt a more systemic,procedural,and accountability-oriented approach.This involves achieving a systematic interpretation and coordinated application of rules from diverse legal sources,establishing a robust gatekeeper identification mechanism,and refining regulatory and punitive measures in accordance with the principle of proportionality.These efforts are essential for advancing the modernization of platform governance systems and enhancing governance capabilities.展开更多
文摘Establishing a digital gatekeeper system represents a cutting-edge global issue aimed at enhancing the legal framework for platform governance.The European Union's Digital Markets Act has raised international discussions by introducing a systematic approach to the digital gatekeeper paradigm.China's digital gatekeeper legislation embodies distinct Chinese characteristics,including the delineation of gatekeeper obligations across various scenarios,complex institutional objectives,a diverse array of gatekeeper obligations,and the promotion of platform self-governance.However,China's approach faces several challenges,such as fragmented legal provisions,ambiguities in the definitions and scope of gatekeeper obligations,an overemphasis on substantive measures,and insufficiently specialized regulatory and punitive mechanisms.To comprehensively implement and enhance the digital gatekeeper system,it is essential to adopt a more systemic,procedural,and accountability-oriented approach.This involves achieving a systematic interpretation and coordinated application of rules from diverse legal sources,establishing a robust gatekeeper identification mechanism,and refining regulatory and punitive measures in accordance with the principle of proportionality.These efforts are essential for advancing the modernization of platform governance systems and enhancing governance capabilities.
