Research On Soft Law Regulation Of Click Farming In Online Shopping

When online shopping has become an important mode of consumption in China,the problem of click farming in online shopping has become more and more serious.Click farming in online shopping is a kind of typical illegal behavior,which means that is an important topic in urgent need of in-depth study to regulate effectively.However,there are most of the existing research which focus on hard law regulation in click farming,rather than soft law regulation.This is not a better effective way to regulate click farming.Click farming in online shopping is characterized by its technicality,flexibility and concealment.It is difficult to regulate click farming effectively by using the traditional hard law regulation.But the consultation,professionalism,flexibility and effectiveness of soft law can fit the characteristics of click farming.In other words,the soft law can effectively achieve the purposes of regulatory.This paper consists of four parts as follows,apart from the preface and conclusion.The first part mainly discusses what is click farming.This part gives a detailed introduction to the concept,causes and harmful consequences of click farming.Click farming refers to the seller take a series of false transactions to increase sales,improve credibility,derogatory opponents and other purposes.Due to the lack of the belief of integrity management in online shopping market,the weakness of the legal consciousness of the participants,the unreasonable rules and the backwardness of the mode of supervision,click farming develops into a mature state from the bud and become more and more intensified.As a result,the legitimate rights and interests of consumers,operators and online shopping platforms are impaired.Moreover,the network trust relationship and integrity system is hindered,which causes that the formation of normal competition order in online shopping market is hindered,too.The second part focuses on why we need soft law to regulate click farming.This part begins with the difficulties of hard law regulation of click farming and points out and analyzes the reasons for the regulation of click farming with emphasis on soft law.This part briefly introduces the meaning of soft law and the present situation of soft law in network society,then focus on the current plight of regulate click farming with hard law,including the lag of the regulation concept,the rigidity of the regulation basis,the vagueness of the power and responsibility of the regulation subject and unreasonable regulation measures.It leads to the application of soft law to regulate clicking farming.Then,from three aspects of value,theory and practice,this paper analyzes the reasons for the application of soft law to regulate click farming.In terms of value,click farming and soft law together have the value of freedom,democracy and benefit.Theoretically speaking,the premise of click farming with soft law regulation is the evolution of the concept of law,the social origin about the theory of network society,and the essential requirement with the rise of the theory of public governance.Practically speaking,the openness,technicality,variability,hidden illegitimacy of click farming and the consultation,professionalism,flexibility and effectiveness of soft law are compatible with each other.The third part focuses on the current situation and existing problems of the soft law regulation to clicking farming.The former part leads to click farming which should be regulated by soft law,then begins to discuss soft law regulation in detail.First,the current situation of soft law regulation to click farming is combed from several points,including elastic clauses and normative documents,the autonomous network rules by the network shopping platform and the rules of self-discipline of the industry.The problems in soft law of making,implementing and regulating the interaction of soft and hard law is summed up through the above analysis.The defects of the soft law regulation of click farming include the shift of the main body of gravity,the lack of procedural norms and the imperfect content.The obstacles to implementation include the uncertainty of the object,the dissimilation of the actual effect,the lack of the relief and supervision mechanism.There are also problems in the interaction between the soft law regulation and the hard law regulation,including the unclear boundary and the imperfect docking mechanism.The fourth part puts forward the corresponding suggestions according to problems mentioned in the third parts.At the macro level,we should improve the concept of network integrity,the order value of internet trading market and the awareness of network multi regulation.At the micro level,we should improve the above three aspects from the following aspects: formulation,implementation and interaction.It's necessary to strengthening the pluralism of the main body,the democracy of the procedure and the perfection of the content in the formulation of soft law regulation of click farming.It's necessary to further strengthen the identification of the click farming,improve the legal effect of the rules and improve the relief and supervision mechanism of the soft law in the implementation of soft law regulation of click farming.It's necessary to further clarifying the border of regulation and docking mechanism in the interaction between the soft law regulation and the hard law regulation of the click farming.