数字平台权力规制路径研究

Research on the Regulatory Path of Digital Platform Power

摘要: 数字平台权力的法治化规制，是数字法治建设与平台经济健康发展的核心议题。数字平台因监管权力下放、私权利让渡与数据技术优势形成私权力，呈现准立法权、准行政权、准司法权三重表现形态，平台私权力滥用易侵害平台内经营者与用户权益，扭曲市场竞争秩序。当前规制面临平台自治规则司法审查流于形式、技术壁垒制约监管效能、规制尺度与创新保护失衡等困境。为此，应立足权责一致原则，以谦抑司法审查强化权利救济，构建政府、平台、社会多元协同监管体系，划定权力边界，释放平台自治活力，强化外部监管约束，为平台经济规范创新发展提供法治保障。

Abstract: The legal regulation of digital platform power stands as a core issue in advancing the digital rule of law and ensuring the sound development of the platform economy. Digital platforms acquire their private power through the delegation of regulatory authority, the alienation of private rights, and their advantages in data and technology. Such power manifests itself in three forms: quasi-legislative power, quasi-administrative power, and quasi-judicial power. The abuse of this private power is liable to infringe upon the legitimate rights and interests of on-platform operators and users, as well as distort the order of market competition. At present, the regulation is confronted with multiple dilemmas, including the formalization of judicial review of platform self-governance rules, the restriction of regulatory effectiveness by technical barriers, and the imbalance between regulatory intensity and innovation protection. To address these dilemmas, it is imperative to adhere to the principle of consistency between power and responsibility, strengthen remedies for rights through restrained judicial review, build a multi-party collaborative regulatory system involving the government, platforms and the society, define the boundaries of power, unleash the vitality of platform self-governance, and strengthen the constraints of external supervision, so as to provide a rule of law guarantee for the regulated and innovative development of the platform economy.