奶粉网络跨境代购行政规制博弈分析及规制建议

Game Analysis and Suggestions of the Administration Regulation on the Cross-border Purchasing of Milk through Network

我国"三鹿奶粉"事件发生后,消费者将购买奶粉的目标转向洋奶粉,一时间跨境网络奶粉代购成了一个热门话题,而如何规制该行为也成了一个难题。针对跨境网络奶粉代购,政府出台各类规章、标准及政策性文件对网络代购商家进行规制,可却出现了规制失灵。文章分析奶粉代购现状,结合对相关规范性文件的解读,得出政府无法对大量的代购者进行规制的结论,通过构建电商平台与政府的监管博弈模型,认为规制关键为博弈达到纳什均衡,并据此给出以下规制建议:统一规范乳制品代购准入及监督机制;实施严厉的电商平台处罚措施以及采取更加人性化的规制措施。

After the incident of Sanlu milk powder,more and more people in China start to obtain milk powder from foreign country online,how to regulate the crossGborder purchasing of milk is a question which the government has to face with.The government has set up laws and regulations to govern it,but most of them were in abeyance.This paper expounds the current situation the crossG border purchasing of milk through legal analysis of laws and regulations, and points out the conclusion that the government hasn？t found efficient means to control thousands of sellers. Therefore,authors built the model of regulation game model between the government and eG commerce website,and draw conclusions that Nash equilibrium is the key point of management.The authors give some proposals as followed：to unify the access mechanism and supervision mechanism of the crossGborder purchasing of milk;to implement severe punishment on eGcommerce website and humanized regulation.