网络购物中“好评返现”行为治理困境与对策探究

The Study of the Countermeasures to Solve the Dilemma of Regulating “Praise Reward” in Online Shopping

网络购物市场竞争愈发激烈的当下,“好评返现”作为利诱消费者作出误导性评价的不正当竞争行为,却面临着“禁止难”的问题。本文从“好评返现”行为的产生原因和特征入手,分析其违法属性以及对网络购物市场公平竞争的阻碍性、对全体消费者整体利益的危害性。“好评返现”屡禁不止的原因大体上分为制度和实践两方面的困境。针对“好评返现”的现实困境,在制度方面提出强化平台的第一顺位监管责任、依违法程度设立梯度化且多样化处罚措施的建议。在实践层面提出构建联动化“预防–检举–治理”模式的设想,正向引导行业自律,反向通报给予警示;平台应当为消费者提供在线“返现”举报途径;引入ODR (Online Dispute Resolution)模式的争议解决通道。以期提升“好评返现”规制效果,维护网络购物市场竞争秩序。

The competition in the online shopping market becomes increasingly fierce. However, it is difficult to prohibit the unfair competition online, namely the “praise reward”, which induces consumers to make misleading review to the goods they bought. To solve the aforementioned problems, the starting point is analyzing the causes and characteristics of “Praise Reward”. Moreover, this article tries to figure out its illegality, negative influence to fair competition in the online shopping market and its harmful influence to all the consumers. There are two general kinds of dilemma for the failure to effectively prevent the occurrence of “Praise Reward”, i.e., the institutional dilemma and practical dilemma. For the institutional dilemma, it is proposed to strengthen the first-ranking responsibility of E-commerce platform, and thus to establish a set of ranked and diversified penalties according to the degree of violation. For the practical dilemma, it is proposed to establish a “prevention - prosecution - governance” model to guide the industry pursue self-discipline, and also give warning to regulate the industry. Furthermore, the E-commerce platform shall provide consumers the online channels to defend their rights. Moreover, it is suggested to introduce the “Online Dispute Resolution” model channel to enhance the effectiveness of regulating “Praise Reward” and maintain the order of competition in the online shopping market.