| In the era of the internet economy,the popularization of the internet has made online shopping a mainstream consumption mode in market economy activities.However,while this consumption model brings convenience to consumers,it often leads to the virtual nature of online consumption,which makes it difficult for consumers to have an intuitive experience of goods or services.Usually,it is necessary to use evaluation information on online platforms to comprehensively judge whether the value of goods meets their shopping needs,which highlights the important role of consumer evaluation in the era of online economy,becoming an important factor affecting the consumer group.Some mainstream shopping platforms in China,such as JD.com and Taobao,have established certain standards of evaluation system safeguards,providing convenience for consumers in the field of shopping and reduce error costs.Furthermore,currently,the protection of consumers’ online evaluation rights largely relies on the conscious performance of platforms and merchants,lacking necessary direct legal constraints.In the field of judicial practice,when infringement of consumer evaluation are involved,it is difficult to make judgments through practical and feasible legal basis,and there is a certain degree of legal lag.In order to further study consumer online evaluation rights,it is necessary to combine the existing research results of scholars to conduct further research and analysis,and explore the necessity and feasibility of clarifying this right in legislation.This article attempts to start with typical cases,summarize the focus of disputes faced by consumers when exercising their online evaluation rights,analyze the practical difficulties in judicial practice and the underlying reasons for disputes,in order to protect the legitimate rights and interests of consumers,and urge operators as well as online platforms to operate with integrity,further refine relevant legal provisions,and clarify the trial standards for judicial practice work.From the overall structure of the paper,it mainly discusses the consumer evaluation system from four parts:The first part:Firstly,it mainly introduces the reason,background,and research value of the paper,clarifying the research significance and methods of the paper;Secondly,it summarizes the research status and achievements of domestic and foreign scholars on consumer online evaluation rights;Finally,the paper summarizes the innovation and shortcomings of the paper.The second part: the paper selects three typical cases to study decision-making ideas and theoretical basis of courts.Through three typical cases,this study aims to identify the main legal issues faced in the application of consumer evaluation disputes in judicial practice,and interpret the case disputes as well as summarize the key issues.It aims to conduct in-depth research on whether the scope of application of consumer online evaluation rights is clear,whether the evaluation rights constitute infringement of the reputation of operators,and whether the deletion of consumer evaluations on online platforms is legitimate.Analyzing the legal reasons for disputes,summarizing the judgment conclusions of cases is vital.In order to provide consumers with legitimate exercise of evaluation rights in the field of judgement,and clarify the core issues of consumers’ online evaluation rights,as well as provide certain trial ideas for the determination of specific applicable standards.The third part:The paper mainly conducts legal analysis on the focus issues and court decisions in typical cases.The author tries to sort out the viewpoints of the practical as well as theoretical circles and summarize them.The paper analyzes the application of consumer online evaluation rights,from multiple perspectives such as applicable reasons,applicable conditions,as well as applicable standards and clarify the judgment criteria for disputes between consumer evaluation and operator reputation,and explore the legitimacy of deleting consumer evaluation information on online platforms.Through legal analysis of the focus issues,understanding the importance of consumer evaluation for the healthy development of consumers themselves and the market,clarifying the controversial issues arising from consumer online evaluation rights,and conducting in-depth analysis and research is significant.The fourth part:From the perspective of inspiration and suggestions,corresponding countermeasures are proposed for the legal construction of consumer online evaluation rights,the improvement of relevant supporting systems,and the responsibility of online platforms for supervising consumer evaluation information.Basing on the actual situation in China,we should formulate a practical and feasible plan for legislation and improvement of consumer network evaluation rights,establish corresponding supporting measures for consumer network evaluation rights,reduce the incidence of dispute cases,save judicial resources,refine the regulations on the supervision and regulation of online platforms and clarify the responsibilities of online platforms,as well as balance the legitimate rights and interests of all parties. |