World is connected with internet;various online trade platforms arise like mushrooms after rain based on hundreds of thousands of trading volume which is constantly updated at each second.However,as e-commerce develops prosperously,unfair competition activities on online shopping market grow with each passing day.The paper aims at analyzing and concluding characters of illegal credit rating behaviors which appear in credit rating of online shipping such that conduct fake purchases to improve ranking,induce to give good reputation,and maliciously give negative comments;considers and discusses necessity and urgency on regulating illegal credit rating through laws and regulations;then combines analysis on suspected illegal credit rating under Electronic Commerce Law(draft),to present constructive suggestions on dilemmas such as affirmation standard and compensation calculation of illegal credit rating.Apart from introduction and conclusion,the paper contains four sections as follows:The first section will summarize credit rating of online shopping and its influence.Generalized credit rating of online shipping contains narrow credit rating of online shipping and credit rating issued on we media platforms.System of narrow credit rating of online shipping could be generally divided into three aspects,i.e.credit rating of commodities,buyers' credit rating,and sellers' credit rating.Credit rating of online shopping plays a decisive role in consumers' shipping decision-making.The second section will state character,form and harm of illegal credit rating of online shopping.Credit rating of online shopping rises in response to solve problems encountered by online shopping such that it is hard to see the real products and credit lose.Combining the56 th article on Electronic Commerce Law(draft),and Laws of the PRC against Unfair Competition,behaviors of illegal credit rating of online shopping mainly contain “false propaganda” and “business reputation sander”,that are to maliciously give negative comments to others,give false good reputation to self,buy others' “reputation” and tamper own credit rating.Illegal credit rating destroys the fairness of online market competition,violates consumers' legitimate interests,which shall be regulated by laws.The third section will analyze the dilemmas encountered by current laws on regulating illegal credit rating of online shopping.The newly issued Electronic Commerce Law(draft)reduces pressure of laws on regulating illegal credit rating of online shopping to some extent,but it is hard to bring under permanent control.Anonymity and equality of credit rating intensify confusion on identifications of subjects of evaluation;obscure boundary between illegal credit rating and freedom of expression increases the difficulty of legal regulation;complexity of factors which affect market competitiveness results that it is hard to evaluate if illegal credit rating harm competition or not.The four section will discuss regulation principle and path of illegal credit rating of online shopping.On regulation principle,in the course of regulating illegal credit rating of online shopping through laws,it shall insist on “invisible hands” and “visible hands” in market-oriented economy,and “going ahead with hand in hand”,stick to principle of prudence,and do moderation intervention;respect freedom of speech,ensure that operators of online shops and consumers of online shopping could fully enjoy freedom of speech;guide to abide by the law,scientifically combine before and after the event.After investigating how foreign laws regulate illegal credit rating,writer thinks that on specific path,standard on affirming illegal credit rating shall be explicit;scientifically realize calculation on compensation for damages of illegal credit rating of online shopping;intensify supervision duty of online shopping platforms;generalize online court for e-commerce;set limits for transferring online “shops”;ensure rationality and fairness of credit rating of online shopping from various aspects,and maintain orders of online shopping market. |