The Legal Regulation Of Improper Evaluation Of Online Shopping

With the rapid development of the Internet,the platform economy has come into being.On the one hand,the online transaction is convenient for consumers to shop,and breaks through the limitation of time and space,virtual transactions,on the other hand,exacerbate Information asymmetry problems between consumers and platform operators,and the evaluation of goods or services purchased is one way to alleviate Information asymmetry problems.With the continuous development of online shopping,the content of evaluation has an important impact on the success of the transaction,and the improper evaluation becomes increasingly chaotic.At present,there are three main problems in the improper evaluation of online shopping.The evaluation right has become a new right which belongs to the consumer,and has been accepted by the academic circle and judicial practice,but it has not been regulated in the law,it is better to define the subject and scope of the proper evaluation behavior.As a bridge between consumers and operators,the platform itself has unique advantages in dealing with improper evaluation,and the right to deal with it is not clearly defined.Second,the standard of illegal identification.The current law basically evaluates rights and interests in the way of rights and interests or in terms of the obligations of the operators,but it does not advance with the times and put forward specific regulations on improper evaluation,nor is the standard of“Improper” clear.Third,the distribution of responsibility is not reasonable.Due to the difficulties in obtaining electronic evidence,consumers,operators and platforms occupy different positions,and professional bad reviewers and scrappers are not real consumers,so it is necessary to clarify the subjects of responsibility,in the aspect of burden of proof,the burden of proof should not be put on the operator,nor should the consumer be protected.This paper focuses on the specific types and reasons of improper evaluation of online shopping,analyzes the existing problems in the current law and judicial practice,and adopts the method of literature analysis and judicial case analysis,this paper studies the phenomenon of improper evaluation of online shopping,and puts forward some suggestions to improve it.Evaluation is to protect consumers’ right to know,which belongs to consumers’ legitimate rights and interests.It should be confirmed and the subject and scope of proper evaluation should be clarified.At the same time,the platform also needs to be clear about the right to deal with improper evaluation,in order to give play to the dominant position of shopping platform,do a good job as the first responsible person.Second,we must clearly identify the standard of illegal.We should not only make detailed provisions in law,but also make clear the standard of "Improper".We should make a comprehensive judgment according to the subject of behavior,the objectivity and authenticity of the content of evaluation,and the purpose of evaluation,and in the legal level for improper evaluation to be detailed provisions for judicial practice to provide a clear guide to the decision.Third,we should allocate responsibilities reasonably.In terms of the burden of proof,the Reverse onus of operators and professional false evaluators,the participants in improper evaluation,according to the consumers,platforms,operators of the improper evaluation of the degree of participation in the division of responsibility.