Research On Protection Of Consumers’ Right To Fair Trade In "Big Data-enabled Price Discrimination"

In the context of the era of big data,it is common for e-commerce platform operators to collect and use consumer information without authorization,and use algorithm technology to "precise portrait" of consumers,differentiated pricing,and big data-enabled price discrimination.Big data-enabled price discrimination behavior violates consumers’ right to fair trade,violates the principle of substantial fairness,and destroys the order of market economy.At present,there is no special legislation in our country for this behavior and the problems caused,nor has there been any law to effectively regulate it.The relevant legal provisions need to be perfect.Therefore,from the perspective of consumer fair trade right protection,this thesis expounds the basic theory of big data-enabled price discrimination,explores the illegality and specific dilemma of its violation of consumer fair trade right and how to carry out legal regulation and protection.Therefore,this thesis is mainly divided into the following parts:The first part expounds the basic theory of consumer fair trade right protection in big data-enabled price discrimination.First of all,it expounds its meaning.The realization of big data-enabled price discrimination behavior mainly includes collecting information,forming user portraits,and implementing personalized pricing.Secondly,the thesis expounds several typical manifestations and harmful consequences of big data-enabled price discrimination behavior,which lays a foundation for further analysis of consumer fair trade right protection in big data-enabled price discrimination.The second part is the analysis of big data-enabled price discrimination infringement of consumers’ right to fair trade.First of all,by introducing two typical cases of big data-enabled price discrimination,it leads to the reflection on the infringement of consumers’ right to fair trade.Then it analyzes the specific forms and illegality of the infringement of consumers’ right to fair trade by big data-enabled price discrimination,thus leading to a further analysis of the existing problems of consumer rights protection under the background of the current big data-enabled price discrimination.The third part is a profound analysis of the dilemma of consumer fair trade right protection in big data-enabled price discrimination.First of all,from the point of view of the click contract hinders the right to fair trade,the author points out the problems of the mandatory,obscure,exemption clause and privacy clause of the click contract.Secondly,it is difficult to prevent the excessive use of big data-enabled price discrimination,and the afterrelief system of consumers is not perfect.Finally,it points out the deficiencies in the protection of consumers’ right to fair trade in the existing laws such as "Price Law","Antimonopoly Law","consumer law","E-commerce Law" and "Personal Information Law".The fourth part puts forward suggestions on the basis of the protection dilemma mentioned above to protect consumers’ right to fair trade.First of all,in terms of the specific normative measures of click contract,the author puts forward some suggestions,such as clearing the obscurity of click contract,giving consumers the right to reject part of the terms,and standardizing the exemption clause and privacy clause of click contract.Secondly,to regulate the excessive use of data,it proposes to add the notification obligation of information controller,improve the user authorization standard,and give consumers the right to reject the use of data to protect consumers’ right to fair trade.The measures to improve the post-relief system mainly include increasing the burden of proof of operators,improving the online settlement mechanism of consumer disputes,and improving the mechanism of consumer public interest litigation.Finally,the thesis puts forward suggestions on the improvement of laws and regulations related to big data-enabled price discrimination,in order to protect consumers’ right to fair trade.