电子商务平台内经营者权益保护法律问题研究——以“平台封禁”为例

A Study on the Legal Issues of Protecting Operators’ Rights in E-Commerce Platforms—Taking “Platform Ban” as an Example

摘要: 平台经济的蓬勃发展催生了庞大的平台内经营者群体，但平台方凭借相对优势地位实施的“平台封禁”行为，已成为侵害经营者权益的突出问题。本文以平台封禁为核心研究对象，结合现有法律文献与典型案例，系统界定平台封禁的法律属性，剖析其对经营者权益的具体侵害，深入探讨当前规制体系存在的立法模糊、监管缺位、救济不足等困境，并基于相对优势地位理论、协同治理理论，从法律完善、监管强化、权利救济三个维度提出解决方案，旨在为平台内经营者权益保护提供理论支撑与实践路径。

Abstract: The booming development of the platform economy has given rise to a large group of operators within the platform, but the “platform ban” implemented by the platform based on its relative advantage has become a prominent issue that infringes on the rights and interests of operators. This article takes platform bans as the core research object, combines existing legal literature and typical cases, systematically defines the legal attributes of platform bans, analyzes their specific infringement on the rights and interests of operators, and deeply explores the current regulatory system’s legislative ambiguity, regulatory deficiencies, and insufficient remedies. Based on the theory of relative advantage and collaborative governance, solutions are proposed from three dimensions: legal improvement, regulatory strengthening, and rights relief, aiming to provide theoretical support and practical paths for the protection of the rights and interests of operators within the platform.