新一代电商平台促进乡村振兴之法律保障

The Legal Framework for New Generation E-Commerce Platforms in Facilitating Rural Revitalization

  • 摘要: “十五五”规划指出,必须加快农业农村现代化,扎实推进乡村全面振兴。在这一背景下,脱胎于传统电商平台的新一代电商平台,因兼具“企业”和“市场”双重特质而拥有影响公共利益的“私权力”,并因此承担起促进乡村振兴的时代义务。新一代电商平台因其赋能性和融合性特征成为促进乡村振兴的关键载体,又通过多重路径重塑了传统农业的运行模式以促进乡村振兴。然而,从乡村振兴目标考察,新一代电商平台仍在准入、运行、救济环节存在滥用其“私权力”的情况。通过对新一代电商平台内部运作过程的考察发现,以法律形式确保新一代电商平台履行促进乡村振兴之义务,应当从基础、核心、保障三个层次制定一个贯穿准入、运行、救济全过程的法律体系。在准入层面,应当设定平台规则的黑名单和灰名单条款,明确平台规则的修改权归属;在运行层面,应针对算法黑箱设定透明义务和备案制度,并打破新一代电商平台的流量垄断;在救济层面,应确保平台内部申诉流程、处罚机制符合程序正义原则、比例原则,并建设完善的外部救济机制。

     

    Abstract: The 15th Five-Year Plan makes clear that the modernization of agriculture and rural areas must be accelerated, and that all-round rural revitalization must be steadily advanced. Against this background, new-generation e-commerce platforms, which have evolved from traditional e-commerce platforms, possess "private power" affecting the public interest because they combine the dual attributes of both "enterprise" and "market"; accordingly, they bear a contemporary obligation to promote rural revitalization. Owing to their enabling and integrative functions, new-generation e-commerce platforms have become key vehicles for rural revitalization, and they further promote rural revitalization by reshaping the operating model of traditional agriculture through multiple pathways. However, when measured against the objectives of rural revitalization, these platforms still exhibit abuses of "private power" in the stages of access, operation and redress. Through an examination of the internal operation of new-generation e-commerce platforms and a study of relevant foreign regulatory rules, this article argues that, in order to legally ensure that such platforms fulfill their obligation to promote rural revitalization, a legal framework should be established across three levels—foundation, core and safeguard—and throughout the whole process of access, operation and redress. At the access stage, blacklist and grey-list clauses for platform rules should be established, and the authority to modify platform rules should be clearly allocated. At the operation stage, transparency obligations and a filing system should be introduced to address algorithmic black boxes, and the traffic monopoly of new-generation e-commerce platforms should be broken. At the redress stage, the internal appeal procedures and sanction mechanisms of platforms should be required to comply with the principles of procedural justice and proportionality, and a sound external redress mechanism should be established.

     

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