The Shaping Of Consumer’s Right To Review

Conforming to the change of business model and the innovation of information mechanism in the Internet era,our country’s legislation has begun to face up to the problem of consumer review under the e-commerce model.However,the current legislation and theoretical research on consumer review only focus on the commoneal nature of review information,while ignoring the importance of private interests of consumers.As a result,the protection of consumer review freedom depends on whe-ther it is conducive to the realization of public interests.As a means of realizing public interests,consumer review information has been instrumentalized and objecttified.Then,returning to the perspective of consumers,what kind of private benefits do consumers have for review freedom? Is it necessary to elevate the freedom of consumer review to the special rights of consumers at the normative level?The first part of this article combs the current situation of e-commerce platform autonomy mechanism and legislation on consumer review under the e-commerce mode,showing the public welfare attribute of consumer review freedom.Consumer review under the e-commerce mode has important public interest attributes: to solve the problem of information asymmetry,to restrict the behavior of operators,and to support the supervision of public rights.At the same time,in the choice of public regulation tools,legislation began to use consumer review information as an important information regulation tool to solve the problem of insufficient and asymmetric consumer information.The second part of this article returns to the perspective of consumer subject and discusses the private benefit attribute of consumer review freedom.The constitutional basis of consumer review freedom is the right to freedom of speech.As the "speaker" of consumers,it has important private benefits to the freedom of review.First,the freedom of consumer review embodies the important personal value of consumers;Secondly,consumer review freedom is an important tool in the game between consumers and operators.Finally,consumer review freedom can cultivate consumers’ awareness of public welfare and social responsibility.The third part of this article discusses the relationship between consumer review freedom and consumer’ criticism supervision right.the right of supervision is diff-erent from the consumer’s freedom of review in terms of rights connotation,system purpose,function and constitutional basis.Therefore,the freedom of consumer review should not be included in the scope of the right of supervision for protection.The fourth part of this article discusses the instrumental logic of the existing legal system for protection for consumer’private interests,and points out the defects and deficiencies of this protection mode.This protection mode obviously objectifies and instrumentalizes the consumer review freedom,and cannot effectively protect the private benefit attribute of the consumer review freedom,and at the same time cannot fully effectively protect its public benefit attribute.The fifth part of this article focuses on the legislative and theoretical research results on consumer review rights in the United States.The U.S.Congress passed the CRFA in 2016,which focuses on regulating "anti-review clauses" in standard contracts.the law recognizes consumers’ right to review,which encourages consumers to evaluate freely in various ways and protects consumers’ freedom of speech.the law also strengthens the obligations and responsibilities of consumers in the process of exercising rights.In addition,U.S.judicial and theoretical circles have tried to introduce the First Amendment to protect consumers’ review rights.The sixth part of this article discusses the legitimacy and necessity of establishing consumer review rights,and attempts to design a supporting system around consumer review rights.From the perspective of institutional change,internal legitimacy and external necessity,it is necessary to establish consumer review right in combination with the private benefit attribute of consumer review freedom that cannot be effectively protected such as fiction mode and obligation protection mode.After the legislation has established the consumer review right,it also needs corresponding supporting rules.