财经理论与实践2025，Vol.46Issue(3)：148-154,7.DOI:10.16339/j.cnki.hdxbcjb.2025.03.019
论我国消费者数据治理的精巧规制
Smart Regulation of Consumer Data Governance in China
摘要
Abstract
Consumer data governance in China adopts the path of strong regulation model as the main and self-regulation model as the auxiliary,and faces three difficulties in the process of governance modernization:in the dimension of governance intensity,the existing regulatory mod-el fails to meet the requirements of data governance with both rigidity and flexibility;In the di-mension of governance process,the internal motivation and external pressure of self-correction are insufficient.In the dimension of governance effectiveness,the gap between limited govern-ance benefits and high governance costs needs to be bridged.In order to solve the existing dilem-ma,under the guidance of the principle of"efficient market,successful government",it is pro-posed to introduce a sophisticated regulation model of economic law.Firstly,we need to advocate the joint governance of multiple entities,including the government,consumers and platform op-erators,and promote the complementary advantages of different governance entities through in-formation mechanisms and facilitation mechanisms.Senondly,we should match different manage-ment means according to the difference of illegal nature and harm degree of data processing behav-ior.Thirdly,we can choose to promote the governance effect of reducing cost and increasing effi-ciency through the optimal allocation of governance responsibility.关键词
消费者数据治理/治理现代化/精巧规制/比例性/责任配置Key words
consumer data governance/modernization of governance/smart regulation/pro-portionality/responsibility allocation分类
社会科学引用本文复制引用
蒋博涵..论我国消费者数据治理的精巧规制[J].财经理论与实践,2025,46(3):148-154,7.基金项目
司法部法治建设与法学理论研究部级重点科研项目(22SFB2008) （22SFB2008）
