电子商务平台处罚权的规制研究

Research on the Regulation of E-Commerce Platforms’ Right to Impose Penalties

摘要: 电子商务平台处罚权作为平台治理的核心手段，其权力边界和规制成为平台治理的重要议题。当前平台处罚权存在显著失范问题：一是权力滥用现象突出，表现为处罚措施严苛违背比例原则、权利救济程序缺失、滥用市场支配地位不正当竞争；二是平台与用户、政府间地位失衡；三是权力与责任严重不对等，责任认定标准模糊。对此，需构建“公私协同”的规制体系：通过比例原则规制处罚的限度，建立独立申诉与听证机制保障程序正义，强化反垄断执法遏制不正当竞争；明确平台权力清单与责任边界，落实过错责任与严格责任衔接机制；畅通用户意见反馈渠道，引入第三方专业机构参与治理评估。唯有实现平台自治与外部规制的动态平衡，方能构建健康有序的数字经济生态。

Abstract: As the core means of platform governance, the penalty power of e-commerce platforms has become an important issue in platform governance, with its power boundaries and regulation being a focal point. Currently, there are significant issues with the abuse of platform penalty power: firstly, the abuse of power is prominent, manifested in severe penalty measures that violate the principle of proportionality, inadequate rights relief procedures, and the abuse of market dominance for unfair competition; secondly, there is an imbalance in the status between platforms, users and the government; thirdly, there is a serious imbalance between power and responsibility, with vague standards for responsibility identification. To address this, a “public-private collaborative” regulatory system needs to be established: regulating the limits of penalties through the principle of proportionality, establishing an independent complaint and hearing mechanism to ensure procedural justice, strengthening anti-monopoly law enforcement to curb unfair competition; clarifying the list of platform powers and responsibility boundaries, implementing a mechanism for connecting fault liability and strict liability; smoothing user feedback channels, and introducing third-party professional institutions to participate in governance evaluation. Only by achieving a dynamic balance between platform autonomy and external regulation can a healthy and orderly digital economy ecosystem be built.