电商平台“罚款”规则的合法性边界研究——以平台内经营者为视角

Research on the Legal Boundaries of “Fine” Rules on E-Commerce Platforms—From the Perspective of Operators within the Platform

摘要: 随着数字经济的蓬勃发展，电商平台凭借其市场组织者与技术赋能者的双重身份，对平台内经营者(以下简称“经营者”)行使着广泛的私权力。其中，以“违约金”、“赔付金”等名义存在的平台罚款规则，已成为平台治理的核心工具。然而，此类规则在实践中引发了关于其合法性边界的广泛争议。本文从经营者视角出发，旨在探讨平台罚款规则的合法性困境，以期在保障平台治理效率与维护经营者合法权益之间寻求平衡，促进平台经济的健康有序发展。

Abstract: With the vigorous development of the digital economy, e-commerce platforms, leveraging their dual identities as market organizers and technology enablers, exercise extensive private powers over the operators within their platforms (hereinafter referred to as “operators”). Among them, the platform “fine” rules existing under the names of “liquidated damages” and “compensation” have become the core tools for platform governance. However, such rules have sparked widespread controversy in practice over the boundaries of their legitimacy. This article, from the perspective of business operators, aims to explore the legal predicament of platform fine rules, with the goal of seeking a balance between ensuring the governance efficiency of platforms and safeguarding the legitimate rights and interests of business operators, and promoting the healthy and orderly development of the platform economy.