Legal Regulation On Improper Credit Rating For Online Trading

Nowadays,e-commerce is developing rapidly and online shopping has been integrated into our lifestyle due to its characteristics such as being free from time and space constraints.However,some online store operators take advantage of the wide and fast dissemination of information on the Internet to conduct improper credit evaluation behavior,seeking to gain more advantages in the market.A large number of improper credit behavior in Internet transactions exist in the third-party network trading platform,the behavior includes false positive reviews,malicious bad reviews,manual deletion of bad reviews,evaluation acquisition,etc.These improper credit evaluation practices not only damage the legitimate rights and interests of consumers and violate the interests of law-abiding operators,but also undermine the market order and integrity system of network transactions.Without legal regulation,the healthy and rapid development of the online trading market will be seriously hindered,so the legal regulation of improper credit evaluation behavior has become an imperative.China’s current laws and regulations on network transactions are not comprehensive,and the legal regulation of improper credit evaluation behavior for network transactions is not perfect.In view of this,taking the improper credit evaluation behavior of online store operators in online transactions as the research object,combining the current situation of China’s legal regulation,drawing on the experience of overseas legal regulation,and addressing the specific problems in the current legal regulation,we propose suggestions for improving the legal regulation of improper credit evaluation behavior of online transactions in China.In addition to the introduction and conclusion,the following five sections are included.The first part is an overview of the improper credit evaluation behavior of online transactions.The connotation,characteristics and types of improper credit evaluation behavior are analyzed,and the causes and hazards of improper credit evaluation behavior are dissected.The second part analyzes the legal aspects of improper credit evaluation behavior in online transactions.First,the nature of the improper credit evaluation behavior is determined from the legal perspective.Second,the legal relationship involved in improper credit evaluation behavior is analyzed.Finally,the legal principles for the regulation of improper credit evaluation behaviors are elaborated.The third part is an analysis of the current situation and problems of legal regulation of improper credit evaluation behavior of domestic network transactions.In terms of legislation,the Anti-Unfair Competition Law,the E-Commerce Law,the Consumer Protection Law and other relevant legislative provisions are not perfect.On the judicial side,there are problems such as conflict of laws in the determination of jurisdiction,the principle of admissibility of evidence is not yet clear,and the burden of proof is not perfect.In the law enforcement aspect,problems are manifested in the ambiguity of the authority of the administrative supervision department,real-name system supervision has not been effectively implemented,the difficulty of identifying improper credit evaluation behavior,the backwardness of law enforcement means,and the imperfect taxation system of e-commerce,etc.The fourth part is to learn from the experience of legal regulation of improper credit evaluation behaviors of extraterritorial network transactions.By understanding the existing legal regulation experience of the United States,the European Union and Japan,it provides experience reference to improve the legal regulation of improper credit evaluation behavior of online transactions in China.The fifth part is a proposal to improve the legal regulation of improper credit evaluation behavior of online transactions in China.Four aspects are analyzed,including how to Establish a multi-law synergy legislative and regulatory system,how to improve the judicial mechanism to protect the legitimate rights and interests of network transaction subjects,how to improve the credit enforcement and supervision mechanism of network transactions,and how to improve the credit evaluation system of network transactions.