算法何以成“算计”？——“大数据杀熟”的生成机理、多维影响与治理之道

How Do Algorithms Turn into “Schemes”?—The Generation Mechanism, Multi-Dimensional Impacts and Governance Strategies of “Big Data Price Discrimination”

摘要: “大数据杀熟”作为算法时代价格歧视的典型表现，已成为平台经济治理的焦点与难点。本文系统梳理了学术界相关研究，界定了其内涵与特征；基于经济动因、技术条件和市场环境等视角，揭示其生成机理；从消费者权益、市场竞争秩序及社会信任基础三个维度评估其复合影响；审视现有法律规制在认定、归责上的适用困境及消费者维权的高成本障碍。为此，提出“技术向善–法律约束–多元共治”的协同治理框架：算法层面倡导透明度与可问责性；法律层面推进类型化认定与精细责任；治理层面构建政府监管、平台自律、消费者赋权和社会监督的联动机制，以期实现算法向上向善和平台经济健康有序发展。

Abstract: “Big data price discrimination”, as a typical manifestation of price discrimination in the era of algorithms, has become a focal and challenging point in the governance of the platform economy. This paper systematically reviews relevant academic research, defining its connotations and characteristics. It reveals its generative mechanism from perspectives such as economic motivations, technological conditions, and market environments. The paper evaluates its compound impacts across three dimensions: consumer rights, market competition order, and the foundation of social trust. It also examines the applicability dilemmas of existing legal regulations in terms of identification and liability attribution, as well as the high-cost barriers for consumers seeking redress. To address these issues, this paper proposes a collaborative governance framework of “technology for good - legal constraints - multi-stakeholder co-governance”: advocating for transparency and accountability at the algorithmic level; promoting typified identification and refined liability at the legal level; and constructing a linkage mechanism involving government supervision, platform self-regulation, consumer empowerment, and social oversight at the governance level, with the aim of achieving upward and positive development of algorithms and the healthy and orderly growth of the platform economy.