中圖分類號：D922.29文獻(xiàn)標(biāo)志碼：ADOI:10.19358/j.issn.2097-1788.2026.05.011 中文引用格式：趙鈺. 互聯(lián)網(wǎng)平臺處罰行為的法律規(guī)制：現(xiàn)狀、法理與路徑［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2026，45（5）：72-80. 英文引用格式：Zhao Yu. Legal regulation of Internet platform penalty actions: current situation, legal theory and pathways［J］.Cyber Security and Data Governance，2026，45（5）：72-80.
Legal regulation of Internet platform penalty actions: current situation, legal theory and pathways
Zhao Yu
School of Law, Shanghai University of Political Science and Law
Abstract： Establishing rules and imposing penalties on violations are the basic means for Internet platforms to maintain platform order. Currently, legislation grants platforms extensive discretionary space, resulting in dual normative deficiencies in the implementation of penalty actions by platforms. On the substantive level, the ambiguity of penalty bases leads to excessive expansion of platform discretion, and the overload of penalty gradients causes a significant imbalance between the severity of punishment and the degree of violation. On the procedural level, there are problems such as insufficient prior notification and the virtualization of post-penalty defense. Platform penalty power stems from the transfer of user rights and the legal obligations set by the state, and it has the dual attributes of "quasiadministrative" and algorithmic reliance. Therefore, to regulate platform penalty actions, it is necessary to promote the transformation of platform governance models from private law autonomy to public-private collaborative governance. On the substantive level, the principle of proportionality should be introduced, and the four-stage review should be implemented to ensure that the penalty is commensurate with the offense. On the procedural level, a technical due process should be constructed to enhance algorithm transparency, user participation, and rights protection, thereby improving the legitimacy, rationality, and fairness of platform penalties.
Key words : platform penalties; private power; principle of proportionality; technical due process
