Research On Consumers Online Review Right

The e-commerce economy has become an important driving force for the development of the digital economy.During the rapid development of the e-commerce economy,online consumer consumptive dispute cases have shown the characteristics of rapid growth,and some new situations and new problems have also emerged in judicial practice.The right of consumer online review was born out of the consumer review movement on e-commerce platforms,and has jumped into a "realized right" through judicial practice.In the process of sorting out the judgment documents,the judges have great differences on the identification of the "predecessor" of consumers’ online review rights,that is,the attributes of consumers’ review interests.They are mainly divided into three views: the theory of legal interests,the theory of dependence,and the theory of rights.Although the court has affirmed the existence of consumer review interest,there are also exist some differences in levels and ways of protecting consumer review interest due to the differences in judges’ perceptions.In the process of sorting out the judgment documents,it is sure that judges adopted two completely different ways in argumentation: When it is necessary to discuss how to remedy the infringed review interests,the issue of review rights is avoided;when discussed the conflict between review interests and reputation rights,the concept of review rights is used to demonstrate and reason.The so-called "legal provision" in argumentation refer to the provisions of Article 9 of the "Interpretation of the Supreme People’s Court on Several Issues concerning the Trial of Reputation Cases",which are used as the source of right to make argumentation.However,the newly sprouted tings-consumer online review has not yet emerged when the judicial interpretation was formulated,which is suspected of "new wine in old bottles".In fact,the right of consumer review is not clearly stipulated in Chinese existing laws,although Article 39 of the "E-commerce Law of the People’s Republic of China" stipulates that "consumers review the goods or services provided on the platform",referred to as "consumer review" for short,it does not specify the consumer review right as the independent right.Experts from the drafting group of E-commerce Law interpreted that Article 39 of the E-commerce Law of the People’s Republic of China stipulates the obligations of platform operators: one is active act duty and the other is passive non-conduct duty.And we can’t directly deduce the existence of the consumer review right from it.The consumer’s right to online review has evolved into a "realized" right through the way of the judge’s renewal.This embarrassing situation that this right is exist in reality only,which is really difficult to effectively protect the legitimate right and interest of consumers.If there is no legal norm to provide for it,how should we identify and protect the interests of consumers in evaluation,how should we define the boundary between consumer online evaluation infringement and other infringements,and how should we identify the infringer and investigate the tort liability? In order to solve the legal problems caused by consumer review act,to manage the "stubborn diseases" in cyberspace,to comprehensively protect the rights and interests of consumers,to standardize consumer review act in cyberspace,to build a clear cyberspace and to optimize the online business environment,so we’d better accelerate the improvement of the legal and regulatory system for online transactions.And it’s necessary to use the law to help the online transaction platform economy continue to grow stronger,bigger and better.Besides,escorting the network economy with a systematic legal system is another effective measure.First of all,we should to define the concept of consumer online review right,to clear the distinctions with its related rights,to clarify the legal attributes of review interest,to sort out the legal relationship of consumer online review right and so on.In this way,we can have a deep understanding of what is consumer online review right,which can help us to form a profound cognition of consumer online review right.Secondly,it discusses the necessity of establishing emerging right from the following aspects: the current legal system’s insufficiency in protecting review interests;preventing and controlling some inappropriate speeches on the Internet;the inevitable requirements for promoting the development of the digital economy;the functions of consumer review.And the feasibility of establishing emerging right is depended on the guidance of our judicial cases and the basis of the preliminary provisions of laws and regulations.Third,through the analysis of the legislative overview of the United States and Canada,it provides reference for the construction of our country’s system.The special legislation of the "Consumer Review Fairness Act Of 2016" stipulates the legal concept and scope of application,clarifies the invalidity and exceptions of standard contracts,provides specific behavior regulations for operators,and grants federal.The management authority of the Trade Commission and the power to prosecute on behalf of the Prosecutor General fully protect the right of consumers to review.In Canada’s consumer " counter-advertising" legislation,the public is encouraged to express their opinions publicly,to reduce consumers’ unnecessary prosecution concerns,to actively promote the exchange of economic and social information and to promote economic democratic decision-making,and to restrict consumers’ counter-advertising behavior.Finally,the new right of consumers’ online review right should be protected by law through the "Consumer Rights Protection Law",and a sound rule system should be formed in combination with other relevant laws and regulations.Consumers who make false reviews or maliciously abuse review rights and cause damage,shall be investigated for tort liability based on fault,and comprehensively pursue tort liability under the dual structure of "soft law" platform regulation and "hard law" legal liability,make full use of legal resources,and comprehensively protect the legitimate rights and interests of civil subjects.