论电商平台差异化定价行为的法律规制

On the Legal Regulation of Differentiated Pricing Behavior of E-Commerce Platforms

摘要: 互联网技术的广泛应用在推动平台经济快速发展的同时，也带来了差异化定价、信息茧房、算法歧视等负面效应，不仅破坏了市场经济秩序，更是对消费者合法权益的严重侵害。在廓清电商平台差异化定价行为具体概念、特点和性质的基础上，分别从消费者权益保护和市场秩序维护两个角度阐释该行为的违法性。接着，在厘清电商平台差异化定价行为法律规制现状的基础上，指出当前对该行为的法律规制存在法律适用难、缺乏针对性法律的现实困境。最后提出从构建电商平台消费者权益保护制度、强化对电商平台的监管、推进算法法律规制三个角度对该行为进行法律规制，以期促进平台经济的良性发展。

Abstract: The wide application of Internet technology has not only promoted the rapid development of platform economy, but also brought negative effects such as differentiated pricing, information cocoon housing, algorithm discrimination, which not only damaged the order of the market economy, but also seriously violated the legitimate rights and interests of consumers. On the basis of clarifying the specific concepts, characteristics, and nature of differentiated pricing behavior on e-commerce platforms, this article elaborates on the illegality of this behavior from two perspectives: consumer rights protection and market order maintenance. On the basis of clarifying the current legal regulation status of differentiated pricing behavior on e-commerce platforms, it is pointed out that there are practical difficulties in the legal application and lack of targeted laws in the current legal regulation of this behavior. Finally, it is proposed to regulate this behavior from three perspectives: building a consumer rights protection system for e-commerce platforms, strengthening supervision of e-commerce platforms, and promoting algorithmic legal regulation, in order to promote the healthy development of the platform economy.