电商平台自治的法律规制

Legal Regulation of E-Commerce Platform Self-Governance

摘要: 随着数字经济的快速发展，电商平台自治已成为网络交易治理的核心机制，其本质是平台依托技术与市场优势形成的私权力，兼具提升交易效率的内生价值与补充公权监管的治理功能。然而实践中，平台自治权呈现无序扩张态势，规则制定单边化、惩戒权行使恣意化、纠纷裁决倾斜化等权力滥用行为频发，严重侵害平台内用户的合法权益。我国现行立法仅对平台自治作出原则性规定，司法实践亦缺乏统一的合法性审查标准，平台自治的边界问题已成为数字经济法治建设的核心议题。本文首先阐释了电商平台自治的正当性基础与生成动因，系统梳理了平台准立法权、准行政权、准司法权滥用的实践样态与法律困境，最终从规范平台三类核心自治权、构建多元协同治理体系等维度，提出了平台自治法律规制的完善路径，旨在划定平台私权力的合法行使边界，实现平台、平台内经营者与消费者三方权益的均衡保护。

Abstract: With the rapid development of the digital economy, self-governance of e-commerce platforms has become the core mechanism of online transaction governance. Its essence is the private power formed by platforms relying on technological and market advantages, which embodies both the intrinsic value of improving transaction efficiency and the governance function of supplementing public regulation. In practice, however, platform self-governance power has been expanding disorderly. Abuses of power such as unilateral rule-making, arbitrary exercise of disciplinary power and biased dispute adjudication occur frequently, seriously infringing upon the legitimate rights and interests of on-platform users. China’s current legislation only provides principled provisions for platform self-governance, and judicial practice lacks unified standards for legality review. The issue of the boundary of platform self-governance has thus become a core topic in the legal construction of the digital economy. This paper first elaborates on the legitimate basis and formative causes of e-commerce platform self-governance, and systematically sorts out the practical manifestations and legal dilemmas of the abuse of platforms’ quasi-legislative, quasi-administrative and quasi-judicial powers. Finally, from the perspectives of regulating the three core types of self-governance power and building a multi-stakeholder collaborative governance system, it proposes approaches to improving the legal regulation of platform self-governance, so as to define the legitimate boundaries for the exercise of platform private power and realize the balanced protection of the rights and interests of platforms, on-platform operators and consumers.