关键词: 数字权力, 协同规制, 数字暴力, 数据犯罪

Abstract:

In the digital era, platforms have de facto exercised digital power endowed with social coerciveness. The abuse of such power directly infringes upon various legal interests, necessitating effective legal constraints. However, the existing regulatory paradigm, characterized by“strengthening the mid-stream while neglecting the upstream and downstream,”proves inadequate for the comprehensive governance of digital power. Instead, adopting a holistic legal order perspective, regulation should be anchored in mid-stream controls while leveraging upstream mechanisms for prevention and downstream mechanisms for assurance, thereby achieving synergistic governance of digital power. On one hand, the self-regulatory function of platform enterprises should be activated to shape an upstream risk prevention mechanism. This requires platforms to strengthen internal management structures and assume external risk management responsibilities. On the other hand, the cautious regulatory function of criminal law should be harnessed to construct a downstream assurance mechanism. This entails reinterpreting criminal provisions to address direct infringements arising from the abuse of digital power by platforms. Furthermore, guided by the principles of the“Red Flag Rule”and the“Safe Harbor Rule,”criminal law should also regulate indirect aiding and abetting behaviors associated with such abuse.

Key words: digital power, synergistic regulation, digital violence, data crime