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Research On The Legal Regulation Of The Behavior Of Online Click Farming

Posted on:2021-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:C Y WangFull Text:PDF
GTID:2506306245476394Subject:legal
Abstract/Summary:PDF Full Text Request
"Internet + traditional industries" has become a new business model that leads the development of a new economy.Among them,the "Internet + shopping" model represented by e-commerce occupies an important position in many "Internet +" models.Under the booming new scene,there are many crises and problems,and online click farming is the biggest tumor that hinders the further development of the e-commerce economy,which has greatly disrupted the market competition order and damaged consumer rights.With the promulgation of China’s "E-commerce Law",the regulation of click farming has received more and more attention from the legal community,but how to implement laws,regulations and policies and take other effective regulatory measures to achieve comprehensive and multi-level comprehensive governance,It is still an urgent problem to be solved.This article is divided into three parts: introduction,body and conclusion.The body is divided into the following three parts:The first part is an overview of click farming.This part first explains the definition,classification and characteristics of click farming,and then elicits the legal nature of network billing behavior from multiple angles.It is concluded that the network billing behavior is the unfair competition act of false propaganda is a violation of consumers’ rights and a breach of contract.Finally,the reasons for the formation of online order slips and a series of hazards are elaborated,which will pave the way for the discussion of the existing regulatory problems and countermeasures of online order slips.The second part: the review of the current situation of the legal regulation of click farming.This part starts with the current regulatory measures on click farming in China at the legislative,law enforcement and judicial levels.From this perspective,it proposes click farming,the problems and deficiencies in the legal regulation have drawn the conclusion that a multi-angle comprehensive governance measure must be taken to properly solve the problem of online ordering.The third part: thoughts on countermeasures to improve the legal regulation of click farming.This part is mainly based on the issues raised in the second part.It proposes that the legislative level must improve the Electronic Commerce Law,the Consumer Rights Protection Law,and the The Unfair Competition Law requires the introduction of credit tools at the enforcement level to strengthen government supervision.Guiding cases need to be issued at the judicial level,factors for clear consideration must be determined,the burden of proof must be lowered,and new models of public interest litigation must be explored.The platform for e-commerce platforms needs to be improved Governance of internal rules,introduction of ODR online dispute resolution mechanism,and the role of industry associations in regulation,education and punishment.
Keywords/Search Tags:e-commerce, click farming, unfair competition, legal regulation
PDF Full Text Request
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