How far is it from the extinction of good reviews?    cash


  back red envelopes and other methods to induce users to make designated evaluations or be banned

  □ Our reporter Zhu Ningning

  The annual "Double Eleven" has come to an end, and the "Chop Hand Party" has begun to be immersed in the joy of unboxing.

Many people find that in addition to the goods they have purchased, there is often a small card in the express box.

These little cards have the same purpose—please praise.

Consumers only need to make up enough words and pictures according to the requirements of the merchant, send five-star praise and screenshots, and get red envelopes of varying amounts after confirmation by the store customer service.

  The phenomenon of "rebates for good reviews" has been around for a long time, and even many consumers have regarded cashbacks on good reviews as a common occurrence.

The general amount of "Praise Rebate" is not large, which may seem innocuous on the surface, but the harm it actually brings is not small.

It not only violates the obligations of honesty, trustworthiness and fair transactions that e-commerce operators should abide by, harms the legitimate rights and interests of other businesses, infringes consumers’ right to know and fair transaction rights, and disrupts the order of online transactions, but also undermines the integrity rules and integrity of the platform economy in the long run. The culture of integrity, in turn, affects the healthy and long-term development of the entire e-commerce market.

  In view of this, some people in the industry believe that letting the "return of praise" disappear is not only responsible to consumers, but also a necessary measure to guide the high-quality development of e-commerce.

It is recommended to vigorously rectify the “returning of praise” behavior that disrupts the market order, take various measures, continue to improve and strengthen the relevant laws and regulations of e-commerce, increase law enforcement, and guide consumers to consume legally and rationally.

  Praise return is chaotic

  The reporter's survey found that most consumers would ignore the small cards of "rebate for praise", but there are also some consumers who think that this is equivalent to "wool" and is a good opportunity for "rebating blood", so they will choose Xinran. Accept.

  Since the amount of "red envelopes for printing pictures" is not low, even the "good reviews cashback" of more than ten yuan can reach three yuan or five yuan. Therefore, people who "rebate blood" through the "good reputation cashback" method are not low. Not in the minority.

Some consumers will give praise against this, even if it is inconsistent with or even contrary to the real shopping experience.

Some consumers who have tasted the sweetness will also take the initiative to ask the merchants whether there is a "rebate for good reviews".

There were also a few people who moved their minds and returned the goods immediately after receiving the rebate.

  However, there are all sorts of chaos behind the "rebate of praise", which makes consumers face many risks while "wrapping their wool".

For example, many people are deceived and fooled by merchants because of "rebate for good reviews", and they did not get cash back after giving good reviews; some found out that the cash back was not cash but coupons after giving good reviews; The actual cash back amount does not match the previous promise.

There have been media reports that some consumers took the business to court for failing to return cash after writing good reviews, and the court finally rejected the litigation request on the grounds that "returning good reviews" is essentially an act of unfair competition with false propaganda. Should not be protected by law.

  In addition, consumers who participate in the "Praise Rebate" may fall into the trap of telecom fraud.

The cashback method of the praise card is generally to add customer service WeChat and then return, which is extremely easy to leak the consumer's personal information, which brings risks.

  Affect the construction of the credit system

  "'Praise cashback' is essentially the same as the behavior of'professional reviewing praise' that has formed the industry chain before. The'professional reviewing praise' has basically disappeared after severe crackdowns. However, the'review of praise' is still in a gray area and has become "Psoriasis" in the field of e-commerce." Liu Junhai, a professor at Renmin University of China Law School, pointed out that some consumers know that such behavior is immoral based on human weakness such as petty and cheapness, but once they have the opportunity, they will still give praise against their will, leading to consumers. The "good people harm each other" mode.

  On the one hand, because consumers cannot guarantee objectivity and truthfulness when they give "good reviews", subsequent consumers cannot obtain objective, true, and accurate product information and make wrong judgments.

At the same time, when the “rebate for praise” has become a hidden rule, it will trigger a “theatre effect”, worsen the business environment, and lead to higher costs. Some businesses will add the cost of cashback to the price of goods, and consumers will follow suit. Pay the bill together.

  "Furthermore, the popularity of'return on praise' will also poison the social atmosphere and lead to distrust of each other. What the merchants say, consumers do not believe, and other consumers say, consumers do not believe. This model of mutual distrust is good for honesty. The construction of the system is very unfavorable." Liu Junhai said.

  Improve the e-commerce legal system

  In fact, my country’s current laws are not blank for the "return of praise".

  According to Shi Jiayou, a professor at the School of Law of Renmin University of China, Article 17 of the E-commerce Law stipulates that e-commerce operators shall disclose product or service information comprehensively, truthfully, accurately and in a timely manner to protect consumers' right to know and to choose.

E-commerce operators shall not use methods such as fictitious transactions or fabricating user reviews to conduct false or misleading commercial propaganda to deceive or mislead consumers.

Article 8 of the Anti-Unfair Competition Law stipulates that business operators shall not make false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluation, and previous honors of their products to deceive or mislead consumers.

In addition, there are also relevant provisions in the Measures for the Supervision and Administration of Online Transactions.

  During the Fourth Session of the 13th National People's Congress this year, many representatives put forward proposals, believing that the legal responsibilities of relevant entities such as online platforms and commodity operators need to be clarified, and suggested that the relevant provisions of the e-commerce law should be revised.

  It is reported that the Finance and Economics Committee of the National People's Congress has conducted a serious study on the content of the bill in conjunction with relevant departments.

The committee will pay close attention to the development of the Internet economy, earnestly study and absorb the specific opinions and suggestions put forward by the relevant representatives in the relevant legislation and supervision work, promote the resolution of the problems raised by the resolution, and strengthen the study of law amendments, and continue to improve the legal system in the field of e-commerce.

  It is worth noting that in August this year, the State Administration for Market Regulation issued the Regulations on Prohibiting Unfair Competition on the Internet (Draft for Comment).

It clearly stipulates that the operator shall not adopt such methods as cash rebate, red envelopes, card coupons, etc., which are sufficient to induce users to make designated evaluations, likes, forwards, and targeted voting.

  Create a level playing field

  So, is it against the law for consumers to give praise for the purpose of rebate?

In this regard, the industry has different views.

There is a view that the right to decide whether to give good reviews is in the hands of consumers, which is a manifestation of consumers' rights to dispose of themselves, and "returning good reviews" is strictly not illegal.

However, there are also views that the false evaluations in "Praise Rebate" will mislead other consumers, violate consumers' right to know, and damage the overall interests of consumers. It is an act of unfair competition and is not conducive to the construction of social integrity. It should be undertaken. The corresponding legal liability.

  “In fact, consumers’ participation in the “return of praise” behavior is not only unethical but also illegal.” In this regard, Liu Junhai believes that businesses buy and bribe consumers who lack self-discipline. The act of taking red envelopes to praise has constituted a joint infringement.

  In view of this, Liu Junhai believes that in order to truly curb the phenomenon of “returning praises”, in addition to platforms and e-commerce, they should return to their main businesses, and strive to improve the quality of goods and services, after-sales services, etc., and improve their own competitiveness by improving the consumer experience. Ability to compete fairly with peers.

At the same time, consumers should also consciously resist and should not give false evaluations against their will.

  "One of the key points in the governance of'return of praise' is to regulate the operators, especially to firmly hold the'null nose' of platform operators." Hu Gang, deputy secretary-general of the Legal Work Committee of the Internet Society of China, pointed out that food delivery and e-commerce Repeated bans on the "return of praise" on the platform are inseparable from the "giving up the flames" of some platforms, and the platform bears the responsibility of supervising dereliction of duty.

  At present, although some large-scale domestic e-commerce platforms have already listed "rebate for praise" as a violation of the regulations, businesses that find violations will be dealt with, such as temporary removal or deletion of related products or information.

Some platforms have also set up corresponding reporting portals for "Praise Rebate", but in practice it has always been "big thunder and little rain".

  In Hu Gang's view, the reason why some merchants have been in favor of "returning good reviews" has nothing to do with the current scoring system adopted by the platform, and it also reflects the loopholes in the rules of the platform.

As some e-commerce operators implement behaviors such as "rebate for good reviews", many people will use user reviews and transaction information as an important reference for choosing a store when shopping online.

In this case, in order to get a high score and get the platform's traffic tilt, the business will try every means to get "good reviews", which leads to repeated prohibitions on "good reviews".

  In view of this, Hu Gang believes that penalties and supervision of the platform should be increased.

At the same time, the platform should adjust and improve the current scoring mechanism to create a more level playing field, and no longer give the soil for the existence of "praise cashback".

  "Supervisors should make good use of the administrative supervision and punishment powers granted by the law." Liu Junhai suggested that for "return of praise", modern information technologies such as big data analysis, artificial intelligence, and blockchain can be used to supervise and establish " The blacklist of "returning praise and cashback" will promptly include "spoiler" platforms and businesses on the blacklist of dishonesty for severe punishment.

  Reporter's Notes

  The praise that violates the heart and the law will be rebated when the rest

  □ Zhu Ningning

  No one likes to live in a world full of lies, even the virtual world on the Internet.

  "Hello everyone, it is really good." In the eyes of many consumers, the score of online shopping stores is a very important data. Before placing an order, habitually looking at praise is a common online shopping consumption habit of many people.

However, this habit is slowly changing.

Many people feel that it is getting harder and harder to read a real evaluation nowadays, and "what everyone says is good, it may not be good".

The comment area is beginning to be filled with a large number of false positive reviews that obviously lack authenticity. The content is basically the same, and they are all positive templates.

For example, "the quality is good, it is basically the same as the seller's description, and it is quite satisfactory", "the seller's service is very good, the communication is smooth, and the overall satisfaction" and so on.

Many consumers have to keep an eye on them and specifically select bad reviews, and a new consumption habit of "just look at bad reviews but not good ones" has emerged.

  It is the legitimate and legitimate rights of consumers to evaluate products objectively.

Through this evaluation system, other consumers can get reference, and businesses can also accept supervision to better provide services and products.

However, when businesses induce consumers to give good comments through petty rebates, this evaluation system changes.

In order to obtain rebates, some consumers will still give praise against their intentions even if they are not satisfied with their consumption experience, resulting in the praise no longer of reference value.

  Although the amount of "Praise Cashback" is small, the harm is not small. It not only disrupts the order of online transactions, but also violates the basic principles of honesty and trustworthiness and fair transactions.

If things go on like this, everyone is likely to be misled to consume, and the cost of "good reputation cashback" will eventually be "payed" by all consumers collectively.

To truly curb the "rebate of praise", in addition to the support of laws and regulations, consumers also need to resolutely resist, and do not become a business "pawn" for a few dollars.

At the same time, the platform must fulfill its obligations and take necessary strict prevention and control measures.

  Don't take evil for small things, and don't take good things for nothing.

A healthy online shopping environment requires the joint efforts of all parties to create and maintain, and integrity should also be the basic bottom line that all parties must abide by.

Let’s stop for the “rebate of praise” that violates the intention and the law!