电子商务平台内经营者面临的经营困境及其法律规制研究

Research on the Management Dilemma Faced by Operators in E-Commerce Platform and Their Legal Regulations

摘要: 互联网的迅速发展使得越来越多的商家入驻电商平台，成为平台内经营者。基于对经济利益的追逐，目前平台内经营者面临“二选一”、不正当竞争以及知识产权被侵犯等经营困境。类似情形对于平台内经营者的经营利益影响颇大，也影响我国电子商务领域的有序发展。由此，本文研究了我国《电子商务法》、《反垄断法》、《反不正当竞争法》等法律对于平台内经营者面临的“二选一”、不正当竞争以及知识产权保护问题的法律规制现状及困境。对此，分别提出建议，以期更好地完善相关法律，维护电子商务平台内经营者的权益，助力我国电子商务领域的长远发展。

Abstract: The rapid development of the Internet has led to more and more merchants entering into e-commerce platforms and becoming platform operators. Based on the pursuit of economic interests, the platform operators are now facing business difficulties such as “either-or”, unfair competition and infringement of intellectual property rights. Such situations have a great impact on the business interests of the platform operators and also affect the orderly development of e-commerce in China. Therefore, this paper examines the current situation and dilemmas of the legal regulation of the E-Commerce Law, Anti-Monopoly Law, and Anti-Unfair Competition Law in China on the issues of “either-or”, unfair competition, and protection of intellectual property rights faced by the platform operators. In this regard, recommendations are made to better improve the relevant laws, safeguard the rights and interests of e-commerce platform operators, and facilitate the long-term development of China’s e-commerce sector.