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深化平台经济规律性认识 健全平台反垄断合规指导 ——《互联网平台反垄断合规指引 (征求意见稿)》解读
Zhong Guo Jing Ji Wang· 2025-11-16 04:33
近日,市场监管总局发布了《互联网平台反垄断合规指引(征求意见稿)》(以下简称《指 引》)。这是进一步健全完善平台经济反垄断制度规则体系,以反垄断合规推动平台经济健康发展的重 要举措。从内容看,《指引》在充分总结近年来我国平台反垄断执法经验的基础上,结合当前我国平台 经济领域出现的新情况新问题,做出的全面性、细致性、针对性反垄断合规制度建设,充分体现了反垄 断执法机构对平台经济规律性、科学性、系统性认识的不断深化,对引导互联网平台企业做好反垄断合 规管理,提供了更加明确、清晰的规则指引,对有效预防和化解垄断风险,促进平台经济规范健康发展 具有重要意义。 随着云计算、大数据、人工智能等新一代信息技术的深度应用,平台经济已经进入"智能算法+海 量数据"驱动增长的新阶段。《指引》充分认识平台经济的技术性特征,详细解构利用技术手段实施滥 用行为可能的具体形式和表现,为应对反垄断监管面临的技术挑战迈出重要一步。 (一)深刻认识技术"双刃剑"特性,以明确合规边界稳定市场预期。深入剖析平台企业利用掌握的 算法、数据、接口等技术手段可能实施的排除、限制竞争行为,对更好指导平台企业在业务实操中做好 反垄断合规具有很强的现实意义。 ...
中储智运为新业态劳动者算法协商提供“智运”样板
Xin Hua Ri Bao· 2025-10-28 20:46
10月28日,中储智运成功召开网络货运平台算法与劳动规则现场民主协商会。这是继2023年中储智运召 开全国首场网络货运平台企业民主协商会之后,再次与新业态货车司机开展面对面协商。 中国海员建设工会,江苏省总工会、省委社工部、省交通厅、省人社厅、省交通运输工会相关负责人出 席会议。 "今天这场会参加下来,看到这些条条款款,说明平台是真心想帮我们把日子过好,把风险降低。"货车 司机代表贺升军在发言中感慨道,"司机朋友们也要对得起平台的这份信任,把车开好,把货安全送 到。" 省总工会党组成员、经审会主任张祖春对本场算法协商会的召开表示肯定,他说,此次协商是落实全国 总工会相关工作部署的具体行动,也是江苏省推动新就业形态劳动者权益保障的生动实践。他表示,中 储智运通过将"后台不可见的代码"转化为"前台可感知的权益",在算法民主协商方面已迈出坚实步伐, 彰显了中储智运"技术向善"的价值追求。希望企业、劳动者与社会三方共同努力,当好和谐社会"共建 者"。 中国海员建设工会全国委员会副主席马正秋表示,此次协商会议题精准,切实回应了司机在收入报酬、 安全保障、休息休假等方面的核心诉求,畅通了司机的诉求表达渠道,参会各方形成了 ...
互联网法院“功能重塑”,透露哪些信号
第一财经· 2025-10-16 13:23
Core Viewpoint - The article discusses significant changes in the jurisdiction of internet courts in China, effective from November 1, focusing on complex cases while removing simpler, repetitive cases from their purview [3][5]. Summary by Sections Changes in Jurisdiction - The Supreme Court has issued new regulations that expand the jurisdiction of internet courts in Beijing, Hangzhou, and Guangzhou to include four new types of cases: "network data," "personal information protection and privacy," "virtual property," and "unfair competition disputes" [3][5]. - Simultaneously, it removes simpler cases such as "financial loans," "small loan contract disputes," and certain "copyright disputes" from its jurisdiction, addressing the issue of overwhelming simple cases that consume judicial resources [3][5][6]. Historical Context and Issues - Initially, internet courts were established to explore online litigation rules, but the effectiveness of this mission has diminished as many courts can now conduct online hearings [6][10]. - The Beijing Internet Court reported handling 194,000 cases from its establishment in 2018 to July 2023, with a high concentration of simple cases, leading to a "case overload" issue [6][10]. Strategic Repositioning - Experts suggest that the recent adjustments are not merely minor tweaks but a strategic reconfiguration of the internet courts' functions, aiming to focus on complex and emerging digital economy-related disputes [6][9]. - The article emphasizes the need for dynamic adjustments in jurisdiction based on the maturity of case types and the necessity for rule exploration in new areas [7][9]. Future Directions - The internet courts are expected to evolve into "rule incubators" for governance in the digital space, addressing issues like data rights, platform economy, and algorithm governance [14][15]. - There is a call for establishing judicial review standards for platform rules, ensuring fairness and transparency in algorithmic decision-making [15][16]. - The article highlights the importance of maintaining judicial integrity while innovating procedural rules, ensuring that the rights of parties involved are not diminished [16].
最高人民法院研究室负责人就互联网法院案件管辖司法解释答记者问
Yang Shi Wang· 2025-10-11 02:32
Core Viewpoint - The Supreme People's Court has issued new regulations to enhance the jurisdiction of internet courts, effective from November 1, 2025, to better serve the digital economy and improve online dispute resolution [1][2]. Group 1: Background and Reasons for Regulation Adjustment - The adjustment of jurisdiction is a response to the need for improved governance in the digital economy and aligns with the directives from the 20th Central Committee's Third Plenary Session [3]. - The changes are necessary to fulfill the functional positioning of internet courts as outlined by the Central Committee, focusing on online dispute resolution and legal governance in the digital space [4]. - The adjustment addresses the diverse judicial needs of the public in the digital age, as new types of legal disputes related to data, algorithms, and personal information protection are emerging [5][6]. Group 2: Impact on Litigation - The new regulations will change the jurisdiction of specific cases, such as data rights and online personal information disputes, which will now be handled by internet courts [7]. - The adjustment aims to enhance the litigation experience for parties involved, ensuring that they can still benefit from online dispute resolution mechanisms [8]. Group 3: Judicial Capacity and Resources - Internet courts have accumulated substantial experience and resources to handle new types of network-related cases, having previously dealt with significant cases in this domain [9]. - The courts have established a specialized team of judges with expertise in both law and technology, ensuring effective handling of complex digital disputes [9]. Group 4: Broader Implications for Internet Courts - The jurisdictional changes will enhance the overall level of internet adjudication across the country, serving as a model for other courts [10]. - The adjustments will help establish clearer judicial standards for emerging fields, thereby strengthening the legal framework for digital economy governance [11]. - The regulations will also expand the jurisdiction to include international network cases, promoting better engagement in global internet governance [12].
“超时罚款”,全面取消!
Zhong Guo Ji Jin Bao· 2025-08-27 13:11
Core Points - Meituan announced the complete cancellation of "overdue fines" for delivery riders by the end of 2025 [1][3] - The initiative is part of Meituan's broader algorithm governance measures aimed at improving rider experience and income stability [4][5] Group 1: Cancellation of Overdue Fines - The cancellation of overdue fines will be implemented nationwide after successful trials in 22 cities, including Hangzhou and Wuhan [5] - Meituan has been exploring positive incentives to replace fines, with a scoring system to reward high-performing riders [4][6] - Feedback from riders indicates a significant improvement in their experience, as they no longer fear penalties for delays [4] Group 2: Enhancements in Delivery Efficiency - Meituan is collaborating to establish "rider-friendly communities" to address common delivery challenges, with over 24,700 communities modified to facilitate rider access [6] - The company is implementing measures to improve address accuracy and user location sharing to reduce delivery issues [6] - A "safety score" system has been introduced to incentivize safe riding behavior, resulting in a 26% reduction in traffic violations among participating riders [6] Group 3: Commitment to Transparency and Fairness - Meituan's public affairs representative emphasized the importance of transparency and collaboration in optimizing delivery algorithms [7] - The company aims to continuously refine its management practices to ensure fairness and humanity in rider treatment [5][7]
美团官宣,将全面取消
Xin Lang Cai Jing· 2025-08-27 12:33
Group 1 - Meituan announced the complete cancellation of the "overtime penalty" for delivery riders by the end of 2025, addressing a major concern among the crowd-sourced riders [1] - The company has implemented a new system called "Anzhun Card" to replace the previous penalty system, which has been piloted in 22 cities and received positive feedback from riders and the public [1][2] - Meituan is shifting its management approach from punitive measures to positive incentives, focusing on training and learning instead of solely penalizing riders [1] Group 2 - The company has introduced fatigue prevention measures, including pop-up reminders after 8 hours of work and mandatory offline after 12 hours, with 18% of riders triggering the 8-hour reminder [2] - Meituan has launched a "safety score" system in over 100 cities to improve traffic safety among riders, resulting in a 26% reduction in traffic violations [2] - The company plans to enhance the reporting and appeal processes for riders using AI to improve efficiency and quality in problem resolution [2] Group 3 - In Q2, Meituan reported revenue of approximately 91.84 billion yuan, an increase of 11.7% year-on-year, while adjusted net profit decreased by 89% to approximately 1.493 billion yuan [3] - The core local commerce segment saw a revenue increase of 7.7% to 65.3 billion yuan, but operating profit dropped by 75.6% to 3.7 billion yuan due to irrational competition [3] - New business revenue grew by 22.8% to 26.5 billion yuan, with operating losses expanding by 43.1% to 1.9 billion yuan, although the operating loss rate improved by 3.1 percentage points [3]
年底取消超时扣款 美团骑手配送算法再优化
Bei Jing Shang Bao· 2025-08-27 10:20
Core Insights - Meituan held an open day for rider algorithm co-governance, revealing the logic behind its delivery algorithms and sharing improvements in rider work experience [1] - The company plans to eliminate overtime penalties for riders by the end of 2025, addressing a major concern among crowd-sourced riders [1] - A pilot program for the no-penalty mechanism has been implemented in 22 cities, receiving positive feedback from riders and the public [1] Group 1 - The open day is the eighth communication event since the announcement of eight algorithm governance measures and the establishment of an algorithm advisory committee earlier this year [1] - The company has conducted trials in over ten cities over the past eight months to compare different management models, ensuring stable rider income and user experience [1] - Positive incentives are provided for high-performing riders, enhancing their overall experience [1] Group 2 - The no-penalty assessment mechanism will be piloted in first-tier cities, including Hangzhou and Wuhan, starting July 2025, with plans for gradual expansion [1] - Riders in regions like Guangxi and Jiangxi have reported improved experiences, both for new and long-term part-time crowd-sourced riders [1] - The initiative aims to address challenges such as the "last mile" delivery difficulties and enhance safety and fatigue management for riders [1]
当“大数据杀熟”遭遇用户“反向驯化”——数字“迷宫”中,如何寻找公平的出口?
Xin Hua Wang· 2025-08-12 06:00
Core Viewpoint - The article discusses the phenomenon of "big data price discrimination" where consumers face higher prices based on their purchasing behavior and history, leading to a growing backlash and various strategies from users to combat this issue [1][2][3]. Group 1: Consumer Experiences - Consumers have reported experiencing price discrepancies for the same products based on their shopping frequency, with examples of individuals finding price differences of 10 yuan for the same item when using different accounts [2]. - Common forms of "big data price discrimination" include automatic price increases after multiple views and different prices for the same product at the same time for different users [2][3]. Group 2: Legal and Ethical Considerations - The distinction between "big data price discrimination" and legitimate "differential marketing" is legally ambiguous, requiring clearer guidelines for recognition [3][9]. - Legal frameworks have been established to protect consumers' rights against "big data price discrimination," emphasizing the need for algorithm governance to ensure fair practices [9][10]. Group 3: User Strategies - Users are employing various tactics to counteract "big data price discrimination," such as creating multiple accounts, using different devices, and posting reverse comments to signal financial constraints [4][6]. - The effectiveness of these strategies is debated, with some users reporting temporary success, while others find that such tactics do not consistently yield lower prices [6][7]. Group 4: Industry Response and Governance - Recent initiatives by platforms aim to address "big data price discrimination," with companies like Pinduoduo and Tencent announcing measures to enhance algorithm transparency and consumer protection [9][10]. - The article highlights the need for a collaborative approach among government, businesses, and consumers to establish a fair digital economy and mitigate the impacts of "big data price discrimination" [10].
如何避免进入“信息茧房”?
Hu Xiu· 2025-07-31 08:12
Group 1 - The discussion revolves around the concept of "information cocoon" and its relevance in the current digital age, highlighting its historical context and evolution [1][2][4] - The book "Digital Survival" by Nicholas Negroponte is referenced as a foundational text that connects to the idea of personalized information consumption, which later evolved into the concept of "information cocoon" [2][4] - The emergence of recommendation algorithms is identified as a significant factor that has transformed the initial optimistic view of personalized information into a more fragmented and isolated information experience [5][6][10] Group 2 - Different types of information cocoons are discussed, with distinctions made between "high-level" and "low-level" cocoons, emphasizing the subjective nature of user experiences [7][9] - The phenomenon of "echo chambers" is introduced, where individuals are surrounded by like-minded opinions, reinforcing their existing beliefs and limiting exposure to diverse perspectives [12][14][16] - The role of technology in shaping user behavior and information consumption is examined, suggesting that while technology can enhance access to information, it can also lead to a narrowing of perspectives [10][11][24] Group 3 - The concept of "filter bubbles" is introduced, highlighting how algorithms on social media platforms can create environments that reinforce users' existing beliefs [13][14][30] - The discussion touches on the limitations of algorithms in promoting content diversity, suggesting that a balance between algorithmic recommendations and user agency is necessary [21][38] - The need for educational initiatives to help users navigate the complexities of technology and information consumption is emphasized, advocating for a more informed and proactive user base [24][39][40] Group 4 - The term "hive mind" is proposed as a counter-concept to "information cocoon," suggesting a more collaborative and open approach to information sharing and consumption [42][43] - The importance of content quality and the role of content curators are highlighted, indicating that the effectiveness of information dissemination relies on both algorithmic and human interventions [41][45] - The discussion concludes with a call for a multi-faceted approach to address the challenges posed by information cocoons, integrating technology, user education, and content quality control [39][44][45]
信息蜂房,更好信息生态的可能|3万字圆桌实录
腾讯研究院· 2025-07-29 09:03
Core Viewpoint - The article discusses the evolution of information consumption from "information cocoons" to "honeycombs," emphasizing the need for a new understanding of information ecosystems in the digital age [2][3]. Group 1: Information Cocoon Concept - The concept of "information cocoon" reflects a phenomenon where individuals are trapped in a narrow information space, often due to algorithmic filtering and personal preferences [10][11]. - The emergence of personalized content delivery systems has led to a fragmentation of audiences, creating isolated "information islands" [8][9]. - The discussion highlights the dual nature of information cocoons, where some are self-imposed through user choices, while others are more insidious and difficult to detect [10][11]. Group 2: The Role of Algorithms and Technology - Algorithms play a crucial role in shaping information consumption, often reinforcing existing preferences and limiting exposure to diverse viewpoints [12][13]. - The article suggests that the current era of algorithm-driven content distribution has intensified the effects of information cocoons compared to previous media forms [13][14]. - There is a call for a balanced approach that combines algorithmic recommendations with user agency to enhance content diversity [20][34]. Group 3: The Honeycomb Metaphor - The "honeycomb" metaphor represents a new vision for information ecosystems, where diverse and interconnected content can thrive, contrasting with the isolation of cocoons [36][37]. - The article proposes that the honeycomb model could facilitate better information sharing and engagement among users, promoting a more holistic understanding of the world [36][37]. - The need for content curators or gatekeepers is emphasized to ensure quality and diversity in information delivery, akin to traditional media roles [37][38]. Group 4: User Responsibility and Education - Users are seen as co-creators of their information environments, and there is a need for education on how to navigate digital spaces effectively [22][34]. - The article stresses the importance of fostering critical thinking and awareness of the implications of technology on information consumption [34][35]. - Encouraging proactive engagement with diverse content sources is essential to mitigate the risks associated with information cocoons [22][34].