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On The Legal Regulation Of False Credit Evaluation Behavior Of Online Transactions In China

Posted on:2024-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:L F HuFull Text:PDF
GTID:2556307043956319Subject:Law
Abstract/Summary:PDF Full Text Request
False credit appraisal conduct in online transactions is illegal and untrustworthy conduct that relies on e-commerce platforms to falsely raise or lower the credit rating through fictitious evaluation indicators,and has the characteristics of multipleness,concealment,and stubbornness.At present,there are mainly manifestations such as single speculation,praise cashback and malicious bad reviews,which not only damage the legitimate interests of operators and consumers,but also hinder the normal operation of the credit evaluation mechanism of e-commerce,which is not conducive to the healthy development of the digital economy.Online trading false credit appraisal behavior is the result of a combination of factors,including: information asymmetry caused by the characteristics of the Internet,insufficient credit reporting legislation,bad competition psychology of business operators,and consumer free-rider psychology.From the perspective of the value structure system of economic law,the false credit evaluation behavior of online transactions violates the value of economic fairness,economic freedom,economic efficiency and economic order,and deviates from the purpose and purpose of economic law.The relevant laws and regulations on false credit appraisal acts in online transactions are relatively scattered,mainly distributed in the Anti-Unfair Competition Law,the E-commerce Law,the Consumer Rights and Interests Protection Law,and other laws and regulations.In recent years,with the continuous development of the e-commerce industry and the continuous advancement of the establishment of the social credit system,relevant legislation has become increasingly perfect.Summarizing the experience,it is concluded that legislation in the field of transactions must reflect the protection of consumer rights and interests;The governance of e-commerce issues must rely on the new regulatory model of "multiple co-governance";At the same time,credit must be regarded as an important principle for the protection of e-commerce environment,and the construction of an e-commerce integrity system must be promoted.Of course,there are still many deficiencies in China’s legal regulation of false credit evaluation of online transactions.For example,existing laws and regulations such as the E-Commerce Law and the Anti-Unfair Competition Law are not perfect,the administrative law enforcement system is not sound enough,and judicial remedies are insufficient.The false credit evaluation of online transactions has seriously restricted the development of the Internet economy and the construction of the e-commerce credit system,and effective measures should be taken in a timely manner to effectively regulate it.At the legislative level,we should promote the introduction of the "Social Credit Law" on the basis of improving existing laws and regulations,and establish a systematic and complete legal system.At the level of law enforcement,it is necessary to clarify the division of administrative subjects and powers,establish a law enforcement concept that combines rigidity and flexibility,and comprehensively use flexible governance and rigid supervision.At the same time,it is necessary to improve the professionalism and technicality of law enforcement work,and continuously improve the ability to monitor illegal information.Finally,at the judicial level,the vitality of the online dispute resolution mechanism should be maximized;Strengthen the application of "documentary order" to alleviate evidence bias in online transaction disputes;Refine the criteria for determining the illegality of "false advertising contracts" and improve the corresponding judicial accountability system.Through the multi-pronged approach of legislation,law enforcement,and justice,we hope to establish a more fair,orderly,honest and clear online business environment.
Keywords/Search Tags:Web trading, False credit ratings, Construction of e-commerce integrity system, Legal regulation
PDF Full Text Request
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