Study On Legal Regulation Of Online Shop's Fictitious Credit Evaluation

As a convenient new shopping method,online shopping has become an important part of people's daily life.The difference in online shopping is that consumers often select goods and services based on the information provided by the merchants,pictures and other buyers' online evaluation.The most important reference index is the comprehensive credit of stores.The role of network transaction credit evaluation is to integrate and process transaction information and user evaluation of online trading entities,and finally form online credit data about the main body,such as store level,credit rating,etc.so as to facilitate the parties to conduct more intuitive reference.However,the characteristics of online shopping such as virtualization,information asymmetry,and low barriers to entry make it convenient for online shop operators to manipulate unfair credit evaluations,resulting in favorable returns,incentives,or intimidation of consumers to delete unfavorable evaluations,false trading phenomenon has become increasingly prominent.The improper credit evaluation of online shop operators not only infringes on the consumer's right to know and privacy,but also damages the commercial reputation of the e-commerce platform,causing great damage to the online trading market order,and has serious social harm,has become a major malignant tumor that hinders the healthy development of e-commerce.We need to take legal measures to regulate it,so that we can restore the credit scale function of online transaction credit.The legal regulation is the key to solve the shop operators unfair credit evaluation,however,there are still many deficiencies in the existing legal regulatory framework.In the regulation level of legal system,first,China's special legislation in the field of electronic commerce is still in its initial stage,the existing legislative norms on e-commerce credit evaluation still have a series of problems such as low legal hierarchy and lagged legislation.Although the newly promulgated "Anti-Unfair Competition Law" and the "Electronic Commerce Law(Draft for Second Amendment)" under consideration are providing corresponding stipulations on the behavior and responsibilities of online shop operators' fictitious credit evaluations,there are still some problems such as unclear legal provisions,incomplete legal provisions,lack of pertinence and so on;Secondly,the credit evaluation regulation system of the e-commerce platform plays a certain role in controlling the fictitious credit evaluation of the operators,but the regulation system of the large e-commerce platform is not uniform and the credit evaluation index lacks reasonable consideration,this also leads to restrictions on the e-commerce platform's autonomous function.At the level of the practice governance,on the one hand,the judicial mechanism of investigating the civil liability of the operators of the internet shop is still not perfect,especially in the uncertain and unreasonable situation of the jurisdiction,the application of electronic evidence and the distribution of the burden of proof;On the other hand,the mode of the network transaction credit supervision is single,the identity audit of the operator of the net shop is not strict,and the lack of professional law enforcement agencies leads to the low efficiency of the administrative law enforcement,so it is difficult to form a comprehensive legal regulation pattern.Based on this,it is necessary to improve the electronic commerce legislation,improve the regulatory system of the credit evaluation of the e-commerce platform,improve the judicial mechanism of the civil liability investigation of the online shop operators and improve the efficiency of the administrative law enforcement of the government departments,in order to provide feasible suggestions for regulating online shop operators' fictitious credit evaluation chaos from the legal level.