平台型企业承担社会责任的法律规制困境及出路

Dilemmas of Legal Regulations of the Social Responsibility of Platform Enterprises and Possible Solutions

数字经济时代,平台型企业在促进经济发展的同时也带来了诸如涉嫌垄断、泄露用户信息、侵害消费者权益等突出社会问题,不同程度地暴露了平台型企业社会责任缺失、立法及监管的缺位。平台型企业具有企业与市场的二元属性,营利性加之经济权力的膨胀使其社会责任承担于传统理论框架下无法得到合理的解释。平台型企业承担社会责任的路径建构应分别考虑其二元属性,基于其市场属性确定积极的社会责任,通过设置内部特殊治理机构充分发挥平台型企业市场监管的社会责任,辅助行政机关执法并形成有效的自我监督机制;基于其企业属性确定消极的社会责任,通过规制企业的私权力运用使其逐利行为合乎商业道德。

In the era of digital economy and in the promotion of economic development,platform enterprises have also produced obvious social problems such as possible monopoly,the leakage of user information and infringement on consumers’rights and interests,which have exposed their lack of social responsibility and the absence of workable legislation and supervision to varying degrees.Platform enterprises have the dual attributes of enterprise and market.Profit-making and the expansion of economic power make their social responsibility unable to be reasonably explained under the traditional theoretical framework.The path construction of social responsibility of platform enterprises should consider the dual attributes respectively,determine the positive social responsibility based on its market attribute,give full play to the social responsibility of their market supervision through their internal governance institutions,assist administrative organs in law enforcement,form an effective self-supervisory mechanism,clarify the negative social responsibility based on their corporate attributes,and make their profit-seeking operation conform to business ethics by making such enterprises abide by legal regulations.