Research On The Competition Law Regulation Of Online Shopping Unfair Credit Evaluation

With the rapid development of economy and science and technology,online shopping,a new transaction mode,enables consumers to meet their desire to obtain goods and services within a household.However,due to the virtuality of the network and the difference in the information acquisition ability of operators and consumers,consumers can only know the real situation of the quality and performance of the goods and services they want to choose through the description of network operators.In order to pursue economic interests,network operators often make publicity that is inconsistent with the real situation of the goods and services they sell.Therefore,in order to strengthen the supervision of the trading behavior of network operators and eliminate the information barriers between network operators and consumers,the online shopping credit evaluation mechanism came into being.This mechanism is not only an important channel for consumers to exchange the quality of goods and services and make purchase decisions,but also an important way to reflect the credit rating of network operators.However,due to the imperfect development of China’s current online shopping market,some problems have been exposed in the operation of online shopping credit evaluation mechanism.Some illegal operators improperly improve or reduce the credit rating of operators in the same industry by carrying out improper credit evaluation behaviors such as online bill brushing,cash back from high praise and malicious bad evaluation,which weakens the competitive advantage of the third-party trading platform;Harming the interests of consumers and operators in the same industry;It even disrupted the trading order of the fair competition online shopping market.Therefore,by improving the relevant provisions of the anti unfair competition law,this paper will accurately regulate the online bill swiping,cash back of high praise and malicious bad comments implemented by operators that constitute unfair competition.This paper is divided into five parts:The first part is introduction.This paper mainly introduces the background and significance of the research on online shopping improper credit evaluation behavior,arranges the relevant literature at home and abroad,and introduces the research methods and innovations in the research process.The second part is an overview of online shopping improper credit evaluation behavior.On the one hand,it introduces the generation of online shopping credit evaluation and its value to all participants;On the other hand,it introduces the types and harm of online shopping improper credit evaluation from the negative side,and emphasizes the necessity of applying the anti unfair competition law to regulate online shopping improper credit evaluation.The third part is the regulation status of online shopping improper credit evaluation behavior.In order to clarify the research direction and object of this paper and pave the way for the later discussion,we need to understand the treatment results of online shopping improper credit evaluation under law enforcement and judicial practice.Finally,the research objects of this paper can be determined as network bill brushing behavior,high praise return behavior and malicious bad comment behavior implemented by operators.The fourth part is the deficiency of competition law regulation of online shopping unfair credit evaluation behavior.By analyzing the regulation status of online bill swiping,return of praise and malicious bad comments by operators as unfair competition,we can find many problems in the legislation,law enforcement and judicial practice of the anti unfair competition law.For example,the punishment intensity of the liability clause is relatively light,the treatment results of the return of high praise have not been unified,the responsibility subject of online shopping improper credit evaluation is single,and the personal information confidentiality obligation of the supervision and inspection department has not been stipulated.The fifth part is the core content of this paper,which puts forward corresponding improvement suggestions for the problems in the fourth part.First,improve the provisions of the liability clause;Second,expand the scope of the subject of responsibility for improper credit evaluation;Third,the unified use of general terms to regulate the return of praise;Fourth,implement the obligation of personal information confidentiality of supervision and inspection departments and their staff in the process of investigation.