电商平台“好评返现”行为的法律定性与多元共治

Legal Qualification and Multi-Governance of “Cashback for Positive Reviews” on E-Commerce Platforms

摘要: 数字经济时代，电商平台“好评返现”行为已从早期“随单返现卡”演变为跨平台隐匿操作。本文首先界定“好评返现”的概念与分类，区分自愿型、相对非自愿型与绝对非自愿型三类行为，明确法律规制的核心对象为非自愿型行为；其次围绕“合法论”与“非法论”的争议，结合《网络反不正当竞争暂行规定》的最新条款，论证“好评返现”的法律定性，随后剖析当前规制困境：现行法律存在滞后性与条款模糊性、平台监管技术不足且立场摇摆、消费者维权动力薄弱；最后提出“法律完善–行政协同–消费者参与”的多元共治路径，最终实现电商市场信用评价体系的规范化与数字经济的健康发展。

Abstract: In the era of digital economy, the “cashback for positive reviews” behavior on e-commerce platforms has evolved from the early “cashback cards with orders” to cross-platform hidden operations. By inducing consumers to give involuntary positive reviews through small profits, it not only infringes on consumers’ right to know and fair transaction rights, but also disrupts the platform’s credit evaluation mechanism and market competition order. This paper first defines the concept and classification of “cashback for positive reviews”, distinguishing three types of behaviors: voluntary, relatively involuntary, and absolutely involuntary, and clarifies that the core object of legal regulation is involuntary behaviors. Secondly, focusing on the dispute between the “legality theory” and “illegality theory”, combined with the latest provisions of the Interim Provisions on Anti-Unfair Competition in Cyberspace (implemented in September 2024), it demonstrates the legal qualification of “cashback for positive reviews”—essentially a “false or misleading commercial promotion” that constitutes unfair competition and needs to be distinguished from commercial bribery. Then, it analyzes the current regulatory dilemmas: the existing laws are lagging and ambiguous, the platform supervision technology is insufficient and its stance is wavering, the concealment of behaviors increases the difficulty of evidence collection, and consumers have weak motivation to protect their rights. Finally, it proposes a multi-governance path of “legal improvement-platform empowerment-administrative coordination-consumer participation”: by amending the Anti-Unfair Competition Law to refine illegal situations, constructing a platform mechanism of “review cooling-off period + big data monitoring”, establishing an inter-departmental administrative supervision alliance, and strengthening consumer rights protection and behavior guidance, ultimately realizing the standardization of the credit evaluation system in the e-commerce market and the healthy development of the digital economy.