电商平台的自治逻辑及其权力边界

Autonomy Logic and Power Boundary of E-commerce Platform

电子商务平台是电商领域具有极大影响力的主体之一,在平台准入规则的制定、交易行为的管制、买卖双方争议的处理等方面行使自治权力。作为商事领域的私主体,商务平台因其较高的技术能力和优势地位满足了政府监管的现实需求。商家及消费者基于平等、合意、自愿原则接受平台监管,通过立法确立“协同治理”模式,肯定了平台在电商领域的治理主体地位,二者共同赋予了平台自治的正当性。然而,平台行使自治权力并非全无限制,应遵循有关原则,限于法定职责范围,并受到司法审查与行政监管的制约,通过外部监督明确平台自治权力的边界,防止平台滥用自治权力。

E-commerce platform is one of the most influential subjects in the field of e-commerce. It exercises autonomy power in the formulation of platform access rules, the regulation of transaction behavior, and the settlement of disputes between buyers and sellers, etc. As a private subject in the commercial field, platform autonomy meets the practical needs of government supervision because of its high technical ability and advantageous position. Businesses and consumers in the platform voluntarily accept the supervision of the platform based on equality and consensus. The legislation confirms the governance subject status of the platform in the field of e-commerce by establishing the “collaborative governance” model. The above two factors give the legitimacy of platform autonomy. However, the platform’s exercise of autonomy is not unlimited. It should be limited to the scope of legal responsibilities, follow relevant principles, and be restricted by judicial review and administrative supervision. Clarifying the boundary of platform power through external supervision can effectively prevent the platform from abusing power.