Research On The Favorable Allocation Of Consumer Evaluation Rights

The Internet has broken through the traditional economic development mode,and the rise of Internet merchants has intensified the asymmetry of market information.In order to improve the weak position of the market,consumers make full use of the evaluation mechanism in the trading information platform to form interconnection,so as to supervise the protection of goods,services and consumer protection.With the increasingly close connection of consumers,the evaluation behavior implemented by consumers after the transaction gradually has a market binding force on operators,which is recognized as a kind of evaluation right by the society,and the right has been practical support and tilt protected by judicial authorities.On the one hand,as a new type of right,consumer evaluation right plays an important role in the transparency of market transactions,which goes beyond the content of consumer supervision right and alienates the right function of consumer supervision right,which needs to be confirmed by legislation;on the other hand,the legal vacancy of the right also causes the problem of unclear rules of rights allocation,our country has always been the judicial and legislative orientation for the tilt protection of consumers’ rights,which promotes the society to spontaneously fall into the "trap" of excessive favorable allocation of consumers’ evaluation rights,leading to problems such as nonstandard and unlimited exercise of consumers’ rights,to a certain extent,hinders the freedom of operation and affects the fairness of transactions.Therefore,how to ensure the scientific and effective allocation of consumer evaluation right through legislation is worth in-depth discussion and research.The first part of the paper mainly discusses the prominent phenomenon and the internal root of the current favorable allocation of consumer evaluation right.In this part,firstly,the phenomenon of favorable allocation of consumer evaluation right is analyzed thoroughly;secondly,the internal relationship between favorable allocation of consumer evaluation right and favorable allocation of consumer right is explored,which is demonstrated from two aspects: the tilt principle of right allocation and the tilt rule of right allocation;finally,the conclusion is drawn: favorable allocation of consumer right has Legitimacy of legal principle and necessity of reality.The second part of the paper mainly from the perspective of Economics of Law to logically analyze the internal mechanism of the favorable allocation of consumer evaluation rights,respectively around the three aspects of income,cost and maximization.First of all,this part puts forward that the benefit of favorable allocation of consumer evaluation right lies in reducing the trial-and-error cost of consumers,which includes two aspects: trial-and-error cost under the limited evaluation mechanism and trial-and-error cost under the absolute evaluation right;Secondly,it points out that the cost of inclined allocation of consumer evaluation right lies in increasing the direct cost of operators and the indirect cost of market,including the cost of consumer interconnection,the cost of positive evaluation guidance,the cost of negative evaluation defense,the cost of regulation and the cost of transformation;Finally,it is pointed out that the favorable allocation of consumer evaluation right should realize the maximization of utility and benefit,that is,the maximization of consumer utility and social benefit.In short,through the analysis of Economics of Law,it is difficult to grasp the current allocation of consumer evaluation rights.The shift of defense costs of operators and the occupation of legal resources by the market easily lead to the uneconomical protection of consumer rights and interests under the pattern of favorable allocation of rights.The third part of the thesis proposes preliminary reflections and a detailed architecture of the legislative model and system construction of consumer evaluation right in China,pointing out the allocation rules of evaluation right should be determined in a more diversified and flexible way,and the tilt protection of consumers’ evaluation right should be indirectly realized by the favorable allocation of market information resources.First of all,we should make clear the legislative mode and style of consumer evaluation right.Secondly,we should value the realization of legislation technology of consumer evaluation right.Finally,the relevant supporting mechanisms should be established to ensure the realization of the function of evaluation right,such as distinguishing the types of consumers to clarify the allocation of evaluation rights of different consumers,tilt protection of the evaluation rights of the bona fide and vulnerable consumers,tilt regulation of the excessive exercise of rights of the malicious and strong consumers,establishing the game mechanism of mutual evaluation between the buyer and the seller,the bilateral sharing mechanism of credit information,and Whistleblower Protection mechanism of network platform evaluation,etc.