电子商务是平台经济发展中的中坚力量,随着电子商务等平台企业的不断发展,平台金融化成为一个不可逆转的趋势,金融与平台的不断结合,使金融消费者的权益越来越难以得到保障,信息不对称、数据泄露、监管难等问题不断凸显,制定专门的《金融消费者权益保护法》的呼声也越来越高。平台企业是平台经济的核心,因此电商平台金融化研究要根植于平台经济金融化研究,本文在分析平台金融化的基础上,指出电商平台金融化的风险、金融消费者面临的困境,并进一步提出权益保护的可行性措施,抛砖引玉,以期对进一步加强金融消费者权益保障尽自己的绵薄之力。Electronic commerce stands as the backbone of platform economy development. With the continuous growth of electronic commerce and other platform enterprises, the financialization of platforms has become an irreversible trend. The increasing integration of finance and platforms has made it increasingly difficult to safeguard the rights and interests of financial consumers. Issues such as information asymmetry, data breaches, and regulatory challenges have become increasingly prominent, leading to heightened calls for the formulation of a dedicated “Financial Consumer Rights and Interests Protection Law”. Platform enterprises are the core of the platform economy, thus research on the financialization of e-commerce platforms must be rooted in the study of platform economy financialization. Based on an analysis of platform financialization, this paper points out the risks associated with the financialization of e-commerce platforms and the difficulties faced by financial consumers. Furthermore, it proposes feasible measures for rights protection, aiming to contribute modestly to the enhanced protection of financial consumers’ rights and interests and serving as a catalyst for further discussions.
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 efficie