市场需尝试新的治理共识

Core Viewpoint - The article discusses the complexities of market governance in the context of platform economies, highlighting the challenges posed by the dual nature of public and private rights within these platforms [2][3]. Group 1: Market Governance Challenges - The recent actions by Douyin (TikTok) to combat false advertising related to low-priced Moutai have sparked a broader discussion on market governance issues, particularly in platform economies [2]. - The rise of platform economies has transformed traditional market structures, complicating the relationships between consumers, merchants, and platforms, leading to multi-party contractual disputes [2]. Group 2: Legal and Regulatory Implications - There are significant risks associated with determining infringement qualifications, particularly regarding who has the authority to recognize infringement in disputes between consumers and merchants [4]. - The governance of platforms is critical; if platforms lack the authority to address public externality disputes, it could lead to market degradation, where poor quality drives out good quality [4]. Group 3: Platform Authority and Responsibility - Platforms like Douyin have a legitimate role in evaluating disputes and defining false advertising, which can enhance the efficiency of market regulation without undermining regulatory authority [5]. - Granting platforms initial technical recognition rights for public externality disputes involves a power-sharing issue, necessitating a balanced responsibility framework to prevent abuse of power by platform operators [6]. Group 4: Future of Market Governance - A transparent mechanism for delegating dispute resolution authority to platform operators is essential, alongside a regulatory framework to oversee platform governance practices [6]. - The evolution of market governance is seen as an internal logic that adapts to market dynamics, with technological advancements facilitating lower transaction costs in addressing public externality issues [6].