| The Internet economy has been bursting out with strong vitality since its birth.Especially during the COVID-19 epidemic,and it has shown great resilience to the world.However,the virtual characteristics of network transactions make it difficult to guarantee the credit status of operators.In addition,due to the increasingly fierce competition environment,operators often obtain higher credit scores through credit fraud in network transactions,so as to gain the trust of consumers and greater profits.It causes infringe on the legitimate rights and interests of consumers and other competitors who have the same range.This kind of unfair competition also affects transaction order.Online trading credit fraud has existed for a long time.Yuhang District People’s Court in Hangzhou,Zhejiang Province,made a judgment on the crime of illegal business operation on June 20,2017.As the first case be punishment,there is no denying that its effect.But on the point of view of legal protection,the crime is the last method of defense.In view of most behaviors of online credit fraud which infringes interests of individual and public occur in the economic field,criminal law is non-optimal solution,and only rely on administrative punishment,the supervision that online trading platform providers is limited: compared with the huge interests in the network market,the cost of illegal is too low.Therefore,how to regulate the credit fraud in the network transaction has become an important issue.In summary,this article selects the angle of economic law which has natural advantages,as breaking the privity of contract and differing from limited executive person under the administrative law,realize the vision of effective regulation of credit fraud in online transactions.This paper mainly includes four chapters:Chapter one,introduction.This chapter mainly introduces the background,purpose,status,ideas and methods.Chapter two,the summary of the network transaction credit fraud behavior.First of all,this chapter concludes the concept and characteristics of credit fraud in online transactions,and then summarizes the main forms of brushing credit and consumers’ comments which is induced by merchants through sorting out cases and documents.Finally,the rationality of the regulation of credit fraud in network transactions through economic law is based on the characteristics of the regulation in accordance with the value pursuit,achieve the purpose of protecting the rights and interests of all kinds of market subjects and maintain the security of market economic order.Chapter three,the status quo of legislation and problems of economic law regulation of credit fraud in China’s network transactions.First,set out economic legislation about the regulation of that behavior.Second,combining administrative punishment documents,analysis the problems of operator with single economic responsibility;government regulation lack of enforcement effect and Internet trading platform provider regulation with some problems.Chapter four,Suggestions on improving economic law regulation of credit fraud in online transactions in China.In view of the problems analyzed in the previous chapter,this paper puts forward targeted solutions: enriching the liability forms of operators under the economic law,such as credit reduction,responsibilities of behaviors and punitive damages;strengthening the economic law enforcement of the government,and making the mechanism of online trading platform providers more perfect. |
