| As an emerging transaction mode,online shopping requires operators and consumers to rely on the online shopping platform and interact with each other in the digital way.The virtualized transaction and asymmetric information are the biggest characteristics of online shopping market.If an operator wants to be locked and bought by consumers in thousands of similar products,it needs to have a higher sales volume and store reputation than many of its peers.The higher sales volume and the higher credibility,the higher search ranking of the stores and the greater market competitive advantage.But a limited market demand and market resources will inevitably bring the fierce market competition,clicking farming is a new economic illegal act with the fierce competition in the online shopping market.It has the characteristics of strong concealment,small risk,low cost and high return.Online shopping platform is not only the main body of platform supervision,but also the main body of platform interests,"dual identity" leads to its poor supervision effect on the platform's clicking farming.In addition,the credit concept of some market participants is missing.In the case that the illegal income is far higher than the risk cost,the clicking farming is not only forbidden but also intensified.Facing this kind of situation,if we want to achieve long-term and effective governance effect,we need to law to regulate the clicking farming.In order to better regulate the click farming in online shopping,China has promulgated the e-commerce law on September 1,2019,as well as the anti unfair competition law,the consumer rights and interests protection law,the online transaction management measures and other laws and regulations,which to some extent curbed the wanton development of the clicking farming.However,there are still some problems,such as the imperfection of the relevant legal system,the narrow scope of the subject of legal responsibility,the unsmooth channels of judicial relief,and the imperfect administrative supervision system.These problems lead to the poor effect of the legal regulation of the clicking farming.Along with the increasing popularity of Internet and the scale of online shopping users in the world,many countries also have the behavior of clicking farming while developing the online shopping market.Therefore,the relevant countries take active measures,mainly through improving the corresponding legal system and ensuring the effective implementation and compliance of laws and regulations,to gradually explore a way to regulate this illegal act of online shopping,which also provides valuable experience for regulating clicking farming of online shopping in China.The short-term goal of studying the legal regulation of clicking farming in online shopping is to protect the legitimate rights and interests of online shopping consumers and behavioral standard merchants,and the long-term goal is to guarantee the orderly development of China's online shopping market and the stable operation of social credit system.In view of this,China should first improve the relevant legal system to regulate the behavior of clicking farming: improve the existing laws and regulations,and improve the operation of legislation,establish the Internet credit legal system.At the same time,broaden the scope of the main body of legal responsibility of clicking farming,and subdivide the legal responsibility of each participant.In addition,We should also unblock the channels of judicial relief to regulate the behavior of clicking farming: clear the distribution of court jurisdiction,improve the collection and adoption procedures of electronic evidence,reasonably allocate the burden of proof,further promote the Internet court,and improve the online dispute resolution mechanism.Finally,improve the legal supervision system of clicking farming in online shopping: clarify the authority division of the administrative supervision department,improve the efficiency of administrative supervision in multiple dimensions. |
PDF Full Text Request