Research On The Legal Regulation Of Big Data Discrimination Behavior Based On Consumer Rights Protection

The era of big data has brought great changes to society.More and more people realize the importance of data and create more value with it.Admittedly,every upside has its downside.Big data will imperceptible greater threat to personal privacy and intensify the platform’s infringement on consumers’ legitimate rights and interests.Therefore,it is necessary to regulate the behaviors of platform operators in the era of big data,so as to prevent platform operators from misusing algorithm technology,implementing the Big Data Discrimination Behavior and infringing on the legitimate rights and interests of consumers.Based on the existing research,this paper starts from the concept,characteristics and nature of the Big Data Discrimination Behavior.Firstly,by analyzing the causes,technological paths and infringement of consumers’ right to know,right to privacy,right to fair trade,right to regret and right to independent choice,this paper concludes the necessity of regulating the Big Data Discrimination Behavior.Secondly,by studying the two typical judicial cases of Ms.Hu’s Ctrip case and Liu’s infringement dispute case,the judicial foundation is laid for further regulation of the Big Data Discrimination Behavior.By analyzing the current legislative situation of the Big Data Discrimination Behavior in China,this paper further sorts out the legal regulation dilemma existing in the infringement of consumers’ rights and interests by the Big Data Discrimination Behavior,mainly including the following aspects: Firstly,at present,the definition standard of the Big Data Discrimination Behavior in our country is not clear,including the lack of a clear legal definition,the scope of the implementation subject and regulation object is unclear,the judgment standard of affecting the Big Data Discrimination Behavior is more general,etc.Secondly,the supervision system for the Big Data Discrimination Behavior in our country is still not complete.Not only exists the problem of absence of external supervision of government,but also the problem of lack of internal restraint of the Big Data Discrimination Behavior of platform;Thirdly,there are still deficiencies in the consumer rights protection mechanism for the Big Data Discrimination Behavior,including disputes over the subjects bearing the burden of proof,weak consumer awareness of rights protection,and lack of consumer remedies.In order to solve the above dilemma,this paper,by comparing the relevant legislation of the United States,European Union and Japan on the infringement of consumers’ rights and interests,provides reference for the regulation of the Big Data Discrimination Behavior and puts forward the following suggestions: Firstly,at the legislative level,by giving full play to the leading role of the Consumer Rights and Interests Protection Law,and strengthening the supporting supervision role of the Price Law,the Anti-monopoly Law,the Personal Information Protection Law,the Interim Provisions on the Management of Online Tourism Operation Services,the E-commerce Law and other laws,the definition of the Big Data Discrimination Behavior is clearly defined;Secondly,from the government and platform two levels to improve the Big Data Discrimination Behavior of the supervision mechanism;Thirdly,through reasonable distribution of the burden of proof,strengthen consumers’ awareness of rights protection,so as to improve the standard of legal relief for the Big Data Discrimination Behavior.In order to provide regulatory suggestions for regulating the Big Data Discrimination Behavior,protecting the legitimate rights and interests of consumers,and providing legal protection for creating a clean and positive online trading environment.