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Study On Legal Regulation Of Network False Credit Evaluation

Posted on:2020-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2416330590993351Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of e-commerce,the importance of the network credit evaluation for e-commerce getting prominent,because of this,in order to achieve better sales,part of the electricity business operators choose to make false credit evaluation methods to increase goodwill degrees,at the same time,to fight the rival or disrupt the market,some people even deliberately spread false information.In recent years,the false credit evaluation cases emerge in endlessly,however,as for the enactment of relevant laws and regulations not keeping pace with the fast growth of electronic commerce,the situation of false credit evaluation gets increasingly worse.Therefore,how to regulate the online-transaction false evaluation,better protect the transaction security and authenticity has become the focus of the society.Although the "e-commerce law" will be issued to to regulate many problems,many provisions are only generally explained,many of them are expressed rather roughly,as well as lack of operability and feasibility,so it is still necessary to do further study.In this paper,by selecting the administrative punishment,and the classification of the civil lawsuit case with two dimensions,it theoretically analyzes relevant subject of responsibility of the network false credit evaluation.On the basis of comparative foreign system of related regulations,the paper puts forward the corresponding system design and policy recommendations to perfect the related system of our country.The thesis consists of five chapters.The details are as follows:Chapter one: the basic theoretical analysis of the false credit evaluation in the network transaction;the theoretical application research of reputation mechanism in the field of credit evaluation;through theoretical research on the manifestations,negative effects and causes of false credit evaluation,this paper makes a theoretical study.Chapter two: the status quo of false credit evaluation,empirical analysis made from three dimensions form legislative regulation;administrative regulation and judicial regulation(from the perspective of civil litigation);the existing problems inducedChapter 3: analysis of the responsible subject of online false credit evaluation through the first case of e-commerce v.brushing platform including e-commerce platform,operators in e-commerce platform,brushing platform and professional brushing specialist in the brushing industry chain,Chapter 4: the comparative legal study of false network credit evaluation in United States and South Korea,based on studying the third-party unique algorithm of the rating agencies,credit,amazon platform v.small individual false commentators case,network real-name system in South Korea,online dispute solution for domestic credit rating marketChapter 5: conclusion: although the e-commerce law has been introduced,there are plenty of rules is not refined.From the perspective of construction and perfection of false credit evaluation system,according to the current situation of credit rating,in order to complete the credit evaluation system,optimize the dispute settlement mechanism,and strengthen the administrative supervision and industry self-discipline,in this chapter,it puts forward some measures,such as strengthening the construction of two-way reputation mechanism,introducing super buyers and tripartite credit evaluation agencies.Among them,this paper makes a detailed empirical design on how to introduce third-party credit evaluation,and puts forward suggestions for future market development.
Keywords/Search Tags:credit evaluation, false credit evaluation, reputation mechanism, third-party credit rating agencies, punitive damages
PDF Full Text Request
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