Research On Legal Regulations Of Unjustified Credit Evaluation Behavior In Online Shopping

With the rapid development of the online market,the role and value of online credit evaluation behaviors are increasingly important.However,the improper credit evaluation behavior of online shopping seriously threatens the development of the online market.The harmfulness of improper credit evaluation behaviors is to impact the competition order of operators,induce consumers to form misunderstandings,distort market operation mechanisms and destroy the e-commerce credit system.The laws of our country do not fully understand the harmfulness of the improper credit evaluation of online shopping,and the relevant laws are still not perfect,and legislation is urgently needed to respond and solve them.The improper credit evaluation behavior of online shopping refers to the behavior of merchants falsely raising their own credit or derogating the credit of competitors.It has the characteristics of proneness,stubbornness and concealment.Online shopping unjust credit evaluation behavior can be divided into positive unfair credit evaluation behavior and reverse unfair credit evaluation behavior.In terms of jurisprudence,there are disputes between the morality and illegality,guilt and innocence of unfair credit evaluation of online shopping.In judicial practice,the number of cases of improper credit evaluation of online shopping in China has risen sharply,criminal cases are prominent,and civil disputes have obvious differences in handling.Through analysis of relevant legislation and judicial cases in China,we can find that there are still outstanding problems in the legal regulation of unfair credit evaluation behaviors in China's online shopping,mainly including: imperfect legislation,inaccurate legal qualitative,complex definition of responsible subjects and improper evaluation behavior Difficult to distinguish from free evaluation.However,the establishment of a complete credit evaluation legal system,the adoption of an independent third-party credit evaluation mechanism,and the establishment of a real-name system for online shopping transactions can all provide useful reference.In this regard,China should improve the legal regulatory measures for unjustified credit evaluation of online shopping.One is to make efforts to fill the legislative deficiencies of unjust credit evaluation behaviors,establish a multi-level legislative system for online shopping credit evaluation behaviors,and adopt legislative techniques that combine general and enumerated clauses.The second is to accurately locate the legal attributes of unjustified credit evaluation behavior.Unjustified credit evaluation behavior is a civil tort and does not constitute a criminal offense.The third is to draw on the "true and malicious principle" to distinguish between freedom of speech and unjustified credit evaluation.The fourth is to scientifically define the responsible subjects of improper credit evaluation behaviors,including online operators,organizations or individuals employed by online operators,online shopping platforms and online shopping consumers.