Research On Legal Regulation Of Malicious Negative Evaluation Behavior In Online Transaction

The development of the Internet provides a free and convenient environment for people to conduct online transactions.The rise of new Internet entities such as network management platforms and self-media have promoted the rapid development of e-commerce.At the same time,some people make the use of credit evaluation on the influence of operators,specifically,carry out malicious negative evaluations to achieve their own improper purposes,the problem of new types of disputes has gradually emerged,leading to malicious negative evaluation of infringement cases in recent years,the constantly appearing has aroused widespread concern and attention in the academic world.It is precisely because of the characteristics of the evaluation behavior in online transactions that the traditional dispute resolution mechanism and the current legal regulation have many drawbacks.Therefore,studying the legal problems brought about by malicious negative evaluation behaviors in online transactions is especially important for China with frequent online transactions.This paper has carried out a more in-depth analysis and argumentation on this issue.In addition to the introduction and conclusion,it is divided into four parts: The first part is an overview of the malicious negative evaluation behavior,firstly positioning the three manifestations of the current malicious negative evaluation behavior,namely occupational bad reviewers,competitors and malicious behavior of individual consumers.Secondly,from the perspective of legal attributes,the author analyzes the malicious negative evaluation behavior infringes the consumer's right to know,the right of the operator's reputation and other rights,in order to indicate the necessity of standardizing the behavior.The second part focuses on the current status of malicious negative evaluation behavior and existing legal issues.At present,this behavior already exists in various network platforms,and the resulting infringement cases also have obstacles in determining the complexity of the jurisdiction and the difficulty of proof in the current legal norms.The third part analyzes the legal liability of the current malicious negative evaluation behavior from the aspects of civil liability,criminal liability and administrative responsibility,and points out that the relevant problems brought about by the current law are not clearly defined and difficult to solve.Therefore,in view of the problems brought by this behavior,the fourth part of this paper focuses on some suggestions for this behavior,in order to regulate the problem,first make up the gap in the legislation,clarify the criteria of malicious negative evaluation behavior,clear the network platform and the current rights and obligations of relevant self-media and other related subjects,improve the protection and relief of network personality rights;secondly,use technology to standardize,establish evidence retention rules,detect false evaluations and delete them;finally strengthen supervision in administrative law enforcement,we will increase the approval process for credit market participants,and create a colored list system for consumers and operators based on the degree of maliciousness and frequency,and establish and improve a scientific and effective credit evaluation system and a unified complaint system.This paper studies the malicious negative evaluation behavior,analyzes the actual problems and legal dilemmas brought by it,and finally puts forward suggestions in the three aspects of legislation,technical norms and administrative law enforcement,in order to regulate the malicious negative in online transactions by strengthening the rule of law.Evaluate behavior,ensure the integrity of the online market,and make the e-commerce develop healthily.