为提高我国数字经济法治建设水平,促进市场竞争,推动有效市场、有为政府更好结合,经济法需发挥其发展促进法的作用,当前需要构建数字经济法的相关理论和制度。对欧盟《数字市场法》、公共数据、我国《反垄断法》修订的探讨,启发我们需厘清数字经济与平台经济之间的关系、找准发展数字经济的站位、鼓励产业参与国际竞争。针对数字经济法治基础理论,经济法各部门法均需做出回应,需厘清法治进程中“守与创”“权和责”“法律与科技”“变与不变”“攻与守”“放与管”等的关系。针对数字经济与竞争法治,竞争法需回应数字经济的现实需求,建立契合数字经济发展规律的法律理念,通过实践为理论界提供更多的样本。针对平台经济常态化监管,需根据我国数字经济发展现状与态势及时调整规制方式。针对数字经济与科技监管,需适当借鉴域外经验,根据具体场景选择合适的规制手段,同时也应关注公平竞争审查制度立法走向。新锐学者提出的微观层面具体行为分析的问题具有前沿性,值得进一步探索。
In order to improve the construction level of digital economy rule of law,promote market competition,promote better combination of effective market and beneficial government,economic law needs to play its role in promoting development and it is necessary to build relevant theories and systems of digital economic law at present. Through the discussion of the Digital Markets Acts,public data and the revision of our Anti-monopoly Law,we are inspired to clarify the relationship between digital economy and platform economy,find the position of developing digital economy,and encourage industries to participate in international competition. As for the basic theory of rule of law in digital economy,all departments of economic law need to respond. In the process of rule of law,we need to clarify the relationship between “preservation and creation”,“power and responsibility”,“law and science and technology”,“change and invariance”,“attack and defense”,“Deregulation and regulation” and so on. In view of digital economy and competition rule of law,competition law should respond to realities of digital economy,establish legal ideas that fit the development law of digital economy,and provide more samples for the theoretical realm through practice. As for normalized regulation of platform economy,it is necessary to adjust the regulation mode in time according to the current situation and trend of digital economy. As for the regulation of digital economy and science and technology,it is necessary to learn from foreign experience appropriately and choose appropriate regulatory means according to specific scenarios. Meanwhile,we should pay attention to the legislative trend of the fair competition review system. The specific behavior analysis at the micro level proposed by new scholars is pioneering and worthy of further exploration.
Keywords: | Normalized RegulationDigital Economy Rule of LawCompetitive Rule of LawScience and Technology Regulation |