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Research On The Legal Regulation Path Of Different Pricing Behaviors Of E-commerce Platform

Posted on:2020-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhouFull Text:PDF
GTID:2416330596970392Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The advent of the era of big data has made the e-commerce field a chance to take off.With the help of big data technology,the e-commerce platform can mine valuable information in its massive user data for its use and gain greater profits..At the same time,however,the differentiated pricing behavior implemented by the e-commerce platform for the pursuit of profit has received continuous attention from all walks of life,that is,the phenomenon of “killing” big data.The so-called big data "killing" refers to: e-commerce platform uses the algorithm analysis technology to analyze the user's portrait,using big data technology to analyze the willingness of different consumers to purchase goods or services,and then to differentiate the pricing behavior.The specific implementation steps can be divided into three steps: collecting data-user portrait-differentiation pricing,accurately dividing consumers' purchasing intentions and consumption powers into different levels and formulating different prices,so as to achieve accurate marketing to achieve the most profit.Purpose.The profit-seeking of enterprises is the essence of the market economy,but the illegal problems behind the implementation of differentiated pricing behaviors for different users in the process of pursuing profits are worthy of attention.The source behind the implementation of big data “killing” phenomenon in e-commerce platform lies in the technical support brought by algorithm analysis technology for e-commerce platform in the context of artificial intelligence,enabling e-commerce platform to intelligently collect user data,traffic trajectory,and purchase.Habits and personal preferences and other behavioral information,and then through the big data model to establish a "user portrait",according to "portraits" for the network consumers personalized recommendation of the corresponding products or services,and set different prices.In this process,the platform over-acquires and analyzes the user's personal data,and the behavior of giving the user a “portrait” not only disturbs the healthy network trading environment,but also the asymmetry and opacity in the application process of the algorithm decision-making tool.The e-commerce platform's behavior of differentiated pricing by the network consumers without knowing it seriously infringes on the legitimate rights and interests of consumers' right to know and fair trade,and the abuse of data and information between platforms is also suspected.Infringement of the security of users' personal data has seriously deviated from the basic principle of honesty and credit in the field of civil activities.Therefore,this paper analyzes the above problems and organizes the relevant doctrines,and defines the different pricing behaviors of e-commerce platform.It believes that this behavior can be regarded as the e-commerce platform in the perspective of economics.The price discrimination behavior that has been implemented has certain legitimacy,but its “killing” process is in violation of the legitimate rights and interests of consumers and causes de facto damage.Therefore,the differentiated pricing behavior should be defined as Illegal,and the implementation of the "killing" behind the e-commerce platform for the protection of personal data security of the network users and how to further regulate the legal application of big data analysis technology in the field of e-commerce through legal means,the intention is to legislate From the perspective of regulation,and the company itself,propose a response mechanism,and make legal and reasonable use of big data technology for e-commerce platform and how to use the user's personal data to demarcate legal boundaries,so that the basic rights of network users can get the most solid in the turbulent Internet era.Guarantee.
Keywords/Search Tags:Differentiation pricing, price discrimination, algorithm, personal data, right to know
PDF Full Text Request
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