鱼与熊掌兼得：平台经济二元监管框架及其福利效应

基于平台型企业“社会人”与“经济人”的双重角色,提出了一种平台自我监管与政府公共监管相协同的二元监管框架,并从理论和案例层面探讨了该框架的福利效应。研究发现：首先,从平台场域内部看,平台自我监管的实质是平台型企业将自身商业行为嵌入社会责任的一种功能,集中体现了平台的“社会人” 角色,而其掌握的大数据优势能为这种自我监管功能的实现提供技术支撑。其次,从平台场域外部看,平台型企业之间也在为争夺用户而相互竞争,表现为典型的“经济人”角色,其商业化动机偏差将削弱平台自我监管功能,需要政府公共监管必要的介入。最后,平台自我监管与政府公共监管组成的二元监管框架,在功能目标、技术手段和法律效力三个层面存在既互补又制衡的协同关系,对生产者福利和消费者福利均具有增进作用。上述发现对于“十四五”时期加快推进数字中国建设具有重要的政策启示意义。

Obtaining the Cake and Eat It: The Dual Regulatory Framework of Platform Economy and the Welfare Effect

From the perspective of the “social role” and “economic role” of platform-based enterprises, this paper proposes a dual regulatory framework in which platform self-regulation and government public regulation are coordinated, and theoretically discusses the welfare effects with cases. It is found that: first, from the internal view of the platform, the essence of platform self-regulation is a function of platform-based enterprises to embed their own business behavior into social responsibility, which embodies the “social role” of the platform. The platform's advantages of big data can promote the realization of self-regulation. Second, from the external view of the platform, platform-based enterprises are also competing with each other for users, showing the typical “economic role”. The deviation of their commercialization motivation will weaken the self-regulation efficiency of the platform, and it is necessary for the government to supervise the platform. Third, the dual regulatory framework composed of platform self-regulation and government public regulation has a synergistic relationship of complementation and check-balance on the three levels of functional target, technical measure and legal validity, which can enhance both producer and consumer welfare. The findings have important policy implications for accelerating the construction of digital China during the “14th Five-Year Plan” period.