共享经济信息不对称环境下的决策算法规制——以区块链共识模型为规制思路

Decision Algorithm Regulation in Information Asymmetry Situation within Sharing Economy:With Blockchain Consensus Model as Regulatory Idea

共享经济以平台化模式广泛发展,用户数据容量和决策算法模型成为决定运行质效的关键。当算法基于大数据做出差别决策,且未对消费者进行事先说明时,则显然违背技术的中立性原则。对于这种信息不对称诱发的决策算法预设问题,目前尚无明确规制措施,但确已影响到消费者知情权和公平交易权的实现。规制主体应当综合运用法律手段和技术手段,平衡决策者与相对人之间的权利不对等关系,缓和平台中心模式存在的信任危机,这亦是理论和实践对规制行为本身提出的要求。在当前商业架构背景下,以区块链共识模型为思路分步实现算法规制,需要协调公法监管与私法自治、技术治理与法律治理的关系,从而全面消解信息不对称带来的弊端,构建科技法治语境中的代码决策机制。

Sharing economy has developed extensively in a platform-based model. The user data capacity and decision-making algorithm model have become the key to deciding the quality and efficiency of operations. While, if the algorithm makes a differential decision based on big data and does not provide consumers with a prior explanation, it is obviously against the principle of neutrality of technology. This kind of decision-making algorithm presupposed by information asymmetry has not been clearly regulated by law at present, which has indeed affected the realization of consumers right to information and fair-trade rights. The regulatory body should use legal means and technical means comprehensively to balance the unequal rights between policy makers and counterparts and ease the crisis of trust that existed in the platform center model. This is also the request from both theoretical and practical aspects for regulation itself.Based on the current business architecture,to implement the algorithmic regulation step by step in the blockchain consensus model, it is necessary to coordinate the relationship between public law supervision and private law autonomy, technical governance and legal governance, so as to completely eliminate the drawbacks caused by information asymmetry, and to build a code decision-making mechanism in the context of science and technology rule of law.