Research On Civil Legal Issues Of Fake Traffic

In the era of intelligent Internet,the chaos of false network visitors induced by a combination of strong interest chains,flaws in the rules of the e-commerce evaluation system,and information asymmetry between consumers and operators is damaging the ecological order of the Internet industry and the foundation of trust in digital economy market transactions.How the civil law can provide effective relief and reasonable guidance for solving the civil legal risks caused by false visitors is extremely important.The commercial value of network visitors monetization and the property value that can carry the interest mechanism of diversified market entities and corporate product reputation make the visitors qualitatively legally protected as civil rights and interests.And the specific content of legal interest protection is data credit order,consumer rights and interests,business operators' interests,and social public interests.Investigation and analysis of the status quo of false visitors involved in litigation and the main points of judicial judgments in various cases shows that the civil law issues that focus on false visitors include a variety of civil legal relationships.On the issue of determining the validity of false visitors contracts,analyzing the provisions and changes of the Contract Law and the Civil Code on the invalidity of contracts,whether it is the purpose of interpretation of the "violation of mandatory provisions" clauses or directly invoking the principle of public order and good customs,the conclusion that the contract is invalid should be concluded.On the issue of false visitors infringement of legal benefits and liability determination,the homogeneity analysis,differential analysis and comparative analysis of visitors torts and traditional unfair competition behaviors can prove the diversified characteristics of false visitors infringing legal benefits,and then in terms of rights relief,There are also multiple claim bases,Including the protection basis of consumer rights against user(consumer)rights infringement,the protection basis of legitimate rights and interests against the infringement of competitors or other operators,the protection basis of unfair competition against the infringement of the Internet market competition order,etc.Regarding the issue of unclear technical standards for false visitors and the allocation of burden of proof,judges inevitably need to legally characterize and evaluate the technology involved in a specific case.At this time,the method and purpose of the technology used by the parties should be combined with the legal qualitative on the basis of full argumentation.Qualitatively,and flexibly apply civil proof rules such as the transfer of burden of proof.Finally,in the case that civil laws and regulations provide the underlying support for resolving false visitors disputes,it is also necessary for the industry to take the initiative.Although false visitors governance will benefit all market participants in good faith transactions in the long term,it is truly motivated and powerful.Large-scale visitors trading media,platforms,and advertisers need to assume the main responsibility for the control of false visitors,and maintain a good Internet industry ecology through multi-party collaboration.