Research On Judicial Identification Of Fictional Original Price Fraud

With the continuous development of the market economy,the continuous advancement of science and technology,the commodity trading has become more and more prosperous,and the consumption pattern has also evolved from a single offline transaction to an online transaction occupying a very important part.While the more efficient way of shopping brings a convenient experience to our lives,the weak position of consumers has not changed.The endless stream of fraud by the operators constantly infringes on the legal rights of consumers,and the fictitious original price is one of the fraudulent means commonly used by operators.Although relevant laws and regulations have already regulated fictitious originals price,the imperfections of relevant laws and regulations have led the courts to have different argumentation logic in the face of consumer consumer rights litigation initiated by the operator's fictitious original price behavior.Therefore,based on the collection of the fictitious original judgment of the operator,this paper summarizes the main disputes in the judicial determination of such cases,and analyzes them to propose the treatment strategies of such cases.In addition to the introduction and conclusion,the main body of this article consists of the following three parts:The first part introduces the basic content of the fictional original price.This part first describes the phenomenon of fictitious original price,followed by the harm caused by the fictional original price,which infringes the legitimate interests of consumers and other competitors,affects the optimal allocation of resources and is not conducive to the social credit system.set up.The second part describes the judicial determination of fictitious original price fraud.After collecting and summarizing the cases,the author briefly analyzes the current situation of fictitious original price fraud identification,and empirically analyzes the fictitious identification of fictitious original price fraud,summarizing the main differences among the courts in the trial of fictitious original price fraud.These include: whether the original price should be defined according to departmental regulations,whether the fictitious original price behavior should determine whether the transaction record should be investigated,whether the consumer should be misunderstood,and whether the operator's behavior causes the consumer to misunderstand.The third part proposes the processing strategy of fictitious original price fraud identification.In view of the differences in the identification process of the second part of the court,combined with relevant knowledge for analysis,and put forward corresponding processing strategies.