电子商务中大数据“杀熟”的法律规制研究

Study on the Legal Regulation of Big Data Price Discrimination in E-Commerce

摘要: 随着电子商务的深度发展，大数据“杀熟”已成为损害消费者权益、扰乱市场秩序的突出问题。当前我国虽已通过相关法律法规对大数据“杀熟”进行约束，但实践中仍存在认定标准模糊、消费者举证困难、监管多侧重事后应对等问题，导致法律规制效果受限。为进一步解决上述问题，研究提出需从多维度完善法律规制体系：其一，明确大数据“杀熟”的认定标准；其二，健全监管制度；其三，完善算法治理规则；其四，完善对被“杀熟”消费者的权利救济。从而平衡电子商务平台商业利益与消费者权益，推动数字经济健康有序发展。

Abstract: With the in-depth development of e-commerce, “big data price discrimination” has become a prominent issue that harms consumers’ rights and interests and disrupts market order. Although China has already regulated “big data price discrimination” through relevant laws and regulations, there are still problems in practice, such as ambiguous identification standards, difficulties for consumers to provide evidence, and a focus on post-event responses in supervision, which limit the effectiveness of legal regulation. To further address these issues, it is proposed that the legal regulation system should be improved from multiple dimensions: first, clarify the identification standards for “big data price discrimination”; second, improve the regulatory system; third, improve the rules for algorithm governance; fourth, improve the rights relief for consumers who are subject to “big data price discrimination”. This will balance the commercial interests of e-commerce platforms and consumers’ rights and interests, and promote the healthy and orderly development of the digital economy.