电商平台的失范行为和治理研究
Research on the Misconduct and Governance of E-Commerce Platforms

平台经济作为市场经济的新形态，具有市场经济的一般特性，更具有自身的独特性质。然而，电商产业的逐利性、虚拟性、高竞争性和低门槛性，使得电商平台的发展产生异化，逐渐出现“二选一”限制交易，“大数据杀熟”和流量造假等诸多失范行为。这不仅引发平台与消费者的信任危机、有损消费者利益，更会阻碍市场经济的发展。近年来我国出台诸多法律法规和政策以积极引导电商平台的发展，但法律法规不健全、监管执行乏力、行业自治机制不完善、社会监督不足等弊端逐渐暴露。要有效整治电商行业的失范行为，稳步推进电商产业的健康发展，必须完善法律治理体系、提升政府执法效率、提高行业自治水平、发挥社会监督效能，以共同营造风清气正的电商环境。
As a new form of market economy, platform economy has the general characteristics of market economy and its own unique properties. However, the profit driven, virtual, highly competitive, and low threshold nature of the e-commerce industry has led to the alienation of the development of e-commerce platforms, gradually resulting in many deviant behaviors such as “choosing between two” restricting transactions, “big data killing”, and traffic fraud. This not only triggers a crisis of trust between the platform and consumers, which is detrimental to consumer interests, but also hinders the development of the market economy. In recent years, China has introduced many laws, regulations, and policies to actively guide the development of e-commerce platforms. However, drawbacks such as incomplete laws and regulations, weak regulatory enforcement, imperfect industry autonomy mechanisms, and insufficient social supervision have gradually been exposed. To effectively rectify misconduct in the e-commerce industry and steadily promote its healthy development, it is necessary to improve the legal governance system, enhance government law enforcement efficiency, improve industry autonomy, and leverage social supervision to jointly create a clean and upright e-commerce environment.