Research On Legal Issues Of Consumer Evaluation In E-commerce

With the increasing proportion of e-commerce in the market economy,consumer evaluation problems in e-commerce gradually appear.In order to better maintain the order of e-commerce market,it is urgent to carry out a systematic legal analysis of these problems.Therefore,this paper takes "consumer evaluation" as the research object,from the two perspectives of insufficient legal protection and inadequate legal control.On the one hand,our country adopts the mode of combining decentralized legislation and industry self-discipline to evaluate consumers,which does not adequately protect the legitimate rights and interests of consumers and operators;On the other hand,in the aspects of law enforcement supervision,soft law control and legal publicity,there is weak legal control over illegal evaluation behavior,leading to the existing legislation cannot be effectively implemented.Despite the law and government repeatedly banned,false evaluations,online bill-brushing behaviors,malicious bad evaluations still to remain.At this time,there is room for improvement in legislation for the lack of legal protection in practice.At the same time,At the same time,it can also carry out comprehensive consideration,make special legislation based on consumer evaluation to get out of the shackles of decentralized legislation.In response to weak legal control,can improve the relevant control path.Under the dual structure of "hard law" and "soft law",forming a coordinated governance system of national supervision,industry regulation,platform self-discipline and social supervision.So as to systematically solve the legal problems of evaluation in e-commerce.The existing research focuses on the establishment of credit evaluation system and the regulation of improper evaluation behavior,and few of them have conducted systematic legal studies on consumer evaluation.However,this research perspective is of practical significance to fully understand the development and improvement of the evaluation system in e-commerce.Therefore,from this perspective,this paper sums up the legal protection and legal control of consumer evaluation and puts forward suggestions for improvement.In order to understand and improve the consumer evaluation system of e-commerce in general.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first part is about the basic understanding of e-commerce consumer evaluation.It includes three aspects: first,the definition of e-commerce consumer evaluation;second,the characteristics of e-commerce consumer evaluation;third,the function of consumer evaluation.E-commerce consumer evaluation is the evaluation of operators by consumers on the platform in e-commerce with internet as the media.It has the characteristics of anonymity and equality of evaluation subjects,diversity of evaluation objects,diversity of evaluation methods,subjectivity of consumer evaluation and the advantage of evaluation information to consumers.It can overcome information failure,produce supervision function,reduce transaction cost,promote the efficient and orderly development of e-commerce market.But the improper exercise of evaluation will destroy the exertion of its positive functions,give birth to negative functions,damage the interests of consumers and competitors in the industry,damage the reputation of the third-party trading platform,and deteriorate the social moral level.The second part discusses the legal problems of consumer evaluation in e-commerce.It includes two aspects: first,the legal protection of consumer evaluation is insufficient,mainly from the perspective of legislation,the evaluation freedom of consumers is difficult to be guaranteed,and the evaluation data interests of operators are not effectively protected.Second,the legal control of consumer evaluation is weak,including inadequate law enforcement and supervision,imperfect soft law control,inadequate legal publicity,which leads to poor legal control of consumers,operators and illegal valuators,and the illegal behaviors such as false evaluations,online bill-brushing behaviors,malicious bad evaluations are common.The third part puts forward some suggestions for the first problem in the second part.First,it puts forward to protect the rights and interests of consumers and operators from the specific problems.Second,it makes a comprehensive consideration from the legislative model of consumer evaluation and protection.It suggests that we should learn from the experience of consumer evaluation legislation in the United States,make special legislation in China,and build the right of consumer evaluation freedom To solve the problem of insufficient consumer evaluation and protection in e-commerce.The fourth part is to propose solutions to the second problem proposed in the second part.First,the concept of legal control of e-commerce consumer evaluation should be realized under the dual structure of "hard law" and "soft law",forming a coordinated governance system of national supervision,industry regulation,platform self-discipline and social supervision.Then according to the lack of legal control put forward specific suggestions for improvement.