Research On The Legal Regulation Of The Return Of Internet Praise

In recent years,with the rapid development of Internet information technology,the marketing mode of e-commerce has been continuously innovated.The cash back information on the e-commerce publicity page,the "cash back card" in the package and various cash back tips have aroused heated discussion in the academic circles and focused people’s attention on the high praise cash back.Due to the backward evaluation mechanism of e-commerce,consumers are lazy to exercise the evaluation right,and the single marketing mode of e-commerce,businesses have to rely too much on the return of praise.At present,there is no clear qualitative definition of the act in China’s legislation.Most scholars in the academic circles demonstrate the adverse effects of the act,and the research on the motivation and illegality boundary of the return of praise is not deep enough.Informulatingregulatory countermeasures,most scholars suggest toimprove the relevant legislation,define it as an illegal act,and even equate the return of praise with credit speculation.Only a few scholarsrecognizeits legitimacy.In view of the lack of clear regulation,illegal e-commerce,dressed in the cloak of "cash back from praise",implements credit speculation,which not only intensifies false statements,but also infringes on consumers’ right to know and increases consumers’ obligations.In terms of market order and social effect,this behavior also destroys the market competition order and social credit system.Although the existing legislation regulates the frequent Internet unfair competition in recent years,there are three problems in the regulation of such "return of praise" infringement,that is,the applicable standard of law is not clear,the evidence in practice is difficult to grasp,and the effect of lawenforcement is difficult to achieve the expectation.Toeffectively regulate thereturn of praise,we should respect the characteristics of the Internet,change the legislative concept,deal with this new business phenomenon with a modest and inclusive attitude,and constantly improve the relevant specific provisions.In terms of law enforcement,we will promote the reform of the Internet supervision and law enforcement system,build a "two-level" collaborative supervision mechanism,establish a reputation list system for e-commerce operators,and constantly guide industry self-discipline.In terms of justice,we should start from four aspects: introducing the public interest litigation system,increasing the inversion of the burden of proof,strengthening punishment,standardizing the application of punitive responsibility in public interest litigation,and constantly improvingtheprotectionmechanism ofconsumers’ rights.There is a natural tension between the expansion of e-commerce model and the lag of legislation.For the new marketing model of "return of praise",due to the deficiency of existing legislation,the academic circles have two opposite evaluation criteria.In order to avoid two absolute research tendencies,this paper makes innovations in research methods and research contents.Firstly,in terms of research methods,this paper does not agree with "one-sided" approval or "one size fits all" opposition.For the definition of the legal attribute of the return of praise,this paper always adheres to the principle of "damage neutrality" to avoid overemphasizing the interests of operators and ignoring the protection of consumers’ interests and competition order.At the same time,in terms of platform regulation,the author suggests introducing the concept of dynamic competition into the principle of proportion,changing the original single judgment on the change of market competition,emphasizing the complexity and variability of market competition,affirming the interests of operators,and guiding the sound development of praise within the legal scope.Secondly,in terms of research content,this paper changes the previous research idea of only paying attention to legislation,but gives reasonable regulation suggestions from the three aspects of legislation,law enforcement andjudicature,soas toprovide theoreticalsupport forpractice.