Research On Legal Regulation Of Big Data-enabled Price Fraud From The Perspective Of Consumer Rights Protection

People’s lives are virtually affected and changed by science and technology.More people choose online consumption,but people do not know that their personal information is also used by-operators,which has become a means for operators to quickly obtain excess profits.This behavior is called "Big Data-enabled Price Fraud".This is a fraud that platform Operators take advantage of their own strong position and the concealment of big data technology to excessively collect consumers’information,including consumers’ consumption records,consumption preferences,consumption habits and price sensitivity,and on this basis,summarize,and analyze these data,and Forecast consumer demand,and finally implement differential pricing on them.The operator’s improper behavior not only does not help consumers,but also easily destroys the stability of market system.It is necessary for us to regulate the Big Data-enabled Price Fraud.But the legal research on the Big Data-enabled Price Fraud in China is still in the preliminary exploration phase.This paper will analyze the problems in the legal regulation of Big Data-enabled Price Fraud,and propose targeted feasible improvement suggestions to better protect the legitimate rights and interests of consumers.The main contents of the paper are as follows:The first part mainly analyzes the theoretical problems of Big Data-enabled Price Fraud.First of all,the concept of Big Data-enabled Price Fraud is defined and the characteristics of this behavior are summarized.Secondly,by analyzing the different views of scholars on the nature of this behavior,that is,price discrimination theory,price fraud theory and algorithm abuse of power theory.The author believes that Big Data-enabled Price Fraud is essentially a price fraud.Then analyze the basic principles to be followed in regulating Big Data-enabled Price Fraud,so as to identify its legitimacy and rationality.Finally,the legal status of regulating Big Data-enabled Price Fraud is summarized.The second part focuses on analyzing the main problems of Big Data-enabled Price Fraud.Based on the above legislative status quo,firstly,for instance,the law did not make uniform provisions on the nature and standard of Big Data-enabled Price Fraud.Secondly,it points out the improper behavior of operators in the transaction process and the difficulties of consumers’ rights protection.Finally,it points out the defects in the regulatory mechanism of Big Data-enabled Price Fraud.The third part summarizes the methods and means suitable for China to regulate Big Data-enabled Price Fraud by analyzing the relevant provisions in the EU"General Data Protection Regulations" and the US "2018 California Consumer Privacy Act".In the last part,the author puts forward some advice and suggestions on the problems in the process of regulating Big Data-enabled Price Fraud.First of all,regulate the Big Data-enabled Price Fraud from the perspective of legislation,including clarifying the legal nature of Big Data-enabled Price Fraud and Expanding the main scope of Big Data-enabled Price Fraud.Secondly,from the aspect of protecting the rights of consumers,we should improve the principle of informed consent of consumers and implement consumers’ control over information.Thirdly,In terms of restricting the behavior of the operator,the operator shall perform the obligation of notification and disclosure,and strictly enforce the operator’s liability for damages,etc.At last,innovate the way of supervision and use the advantages of the Internet to monitor the trading behavior of operators in real time is important,In order to mobilize the enthusiasm of operators for legal operation and Safeguard consumers’ substantive rights.Big Data-enabled Price Fraud has been widely concerned in China since 2018.that is,the case is named "Liu Quan sued Sankuai Technology company".In recent years,More and more consumers have realized online shopping and online consumption.Just because the changes in people’s lifestyle that platform operators use Internet technology to collect data and deceive consumers.Through CNKI and other search programs,the author reviewed the literature with the keywords of "Big Data-enabled Price Fraud" and "consumer rights and interests protection",and found that the number of authoritative articles in this field is relatively small.Therefore,the author’s research on the legal regulation of Big Data-enabled Price Fraud has certain academic value to a certain extent.At the same time,as an emerging field,Research on Big Data-enabled Price Fraud will help promote legislation in relevant fields.