电商平台算法个性化定价下对消费者合法权益的法律保护

Legal Protection of Consumers’ Legitimate Rights and Interests under the Personalized Pricing of E-Commerce Platform Algorithms

摘要: 算法个性化本身是中性概念，为破解电商平台利用该技术超高或超低定价导致的消费者权益受损、市场秩序紊乱问题，为规范行业行为提供法治支撑。通过界定算法个性化定价的法律属性及实质侵害，再系统梳理我国现行法律体系的规制现状，深入剖析实践中的执行困境，发现我国相关法律法规的现行规制存在核心认定标准不清晰、责任划分模糊等突出问题，导致监管缺位与维权困难。基于此，需构建全链条规制体系：在事前监管层面，强化电商平台及算法推荐服务的备案与审查；在责任认定层面，完善过错推定归责原则与举证责任倒置规则；在事后救济层面，建立便捷投诉渠道与集体诉讼机制，形成“事前防控–事中监管–事后救济”的闭环制度，切实维护消费者的合法权益。

Abstract: Algorithm personalization itself is a neutral concept, which provides legal support for regulating industry behavior in order to solve the problems of damage to consumer rights and interests and market order disorder caused by the use of ultra-high or ultra-low pricing by e-commerce platforms. By defining the legal attributes and substantive infringement of algorithmic personalized pricing, we will systematically sort out the regulatory status of China’s current legal system, and deeply analyze the implementation dilemmas in practice. It is found that the current regulations of relevant laws and regulations in China have outstanding problems, such as unclear core identification standards and ambiguous division of responsibilities, resulting in a lack of supervision and difficulties in rights protection. Based on this, it is necessary to build a full-chain regulatory system: at the level of pre-supervision, strengthen the filing and review of e-commerce platforms and algorithm recommendation services; at the level of liability determination, the principle of presumption of fault and the rule of inversion of the burden of proof should be improved; at the level of post-event relief, establish convenient complaint channels and class action mechanisms, form a closed-loop system of “pre-prevention and control, supervision during the event, and post-event relief” to effectively safeguard the legitimate rights and interests of consumers.