“Dark Patterns” are also known as “Internet Traps”，Originally proposed by British user interface expert Harry Brignull，Mainly refers to a mechanism used in a website or application interface，This mechanism uses human cognitive habits to induce user actions，Usually used to prevent users from taking certain actions，For example, preventing users from unsubscribing，Or to guide users to complete actions they would not otherwise take，For example, pushing users to agree to share their address book。Price reduction notification for online shopping cart、Prompt that someone is viewing the hotel you want to book, etc.，These are bet365 joining bonus code traps。Compared with traditional consumption induction，bet365 joining bonus code is more hidden and diverse，Proposing new challenges to consumer protection，How to properly carry out legal regulation is worthy of study。

　Consumer decision-making bias in bet365 joining bonus code

Neoclassical economics is based on the rational choice theory model，Assume that all agents will act rationally by comparing benefits and costs。But consumers are not entirely rational，As shown by the concept of "bounded rationality" proposed by Herbert Simon in the 1950s，When people must make decisions quickly based on limited cognition，There is a tendency to rely on shortcut thinking (heuristics) rather than full analysis，Thus easily influenced by emotions to behave abnormally。However，This abnormal behavior of consumers caused by systematic decision-making bias is not without rules，But it can be predicted and grasped。For example，Operators can take advantage of the “Framing Effect”，Guide consumers to specific decisions by changing the way they ask questions and provide information；Utilizing "Default Bias"，Set the option you want consumers to choose as the default option；Using "Scarcity Theory" and "Loss Aversion"，Inducing consumers to buy specific products whose discount is about to end；Using "Status quo Bias"，Promote consumers to continue subscribing to specific services。bet365 joining bonus code is the deliberate design of operators based on predictions of irrational consumer behavior，Influence user perception by changing the selection structure，Maximize its business purpose。

　The law should intervene in bet365 joining bonus code

一，Compensating for market failure，Accelerate the restoration of the automatic market adjustment function。Consumers manipulated by bet365 joining bonus code，Generally less sensitive to price and service，Ignore weighing costs and benefits，Irrational deviation from true preferences。The consumption decisions they make based on this will lead to "Behavioral Market Failures"，Distorted social resource allocation，Making it unable to reach the Pareto optimal state。Traditional consumer protection technology centered on information disclosure is difficult to correct behavioral market failures，When such market failure endangers social well-being，It is necessary for the country to actively participate in economic affairs，Restrict bet365 joining bonus code business activities。This is also consistent with what John Mill calls the "harm principle"，To prevent operators from deliberately using decision-making biases to harm consumers，Power can be legitimately used against the operator against his will。In the sense of making up for or repairing market failures，Using legal regulations to regulate dark patterns can encourage consumers to make rational decisions，Ultimately enhance social welfare。

　Second，Overcoming inadequate protection，Urge the country to faithfully fulfill its protection obligations。Freedom of contract is a key link in citizens’ freedom of economic activities，Can be interpreted as the basic rights of citizens guaranteed by the Constitution。Freedom of contract as a basic right has the attribute of defensive right，State power must not be violated easily，According to the theory of national protection obligation，The state must also actively provide protection，In order to protect the freedom of contract from infringement by other private law subjects。However in bet365 joining bonus code，Consumers are boosted，But still make consumption decisions independently，Does the state’s legal paternalistic intervention undermine the essence of freedom of contract？True freedom of contract requires that the parties have substantial autonomy。Consumers are placed in the operator’s preset decision-making framework under the induction of bet365 joining bonus code，Appears to be able to act autonomously，But it actually lacks the ability of rational autonomy，The independent meaning was concealed and distorted as early as the formation stage，Alienation becomes an "other master" tool for operators to carry out external control。The essence of this kind of freedom of contract is to damage consumers’ independent decision-making and choice，Should be restricted。Given that dark patterns endanger private law autonomy，The state has the obligation to take necessary measures、Protective measures with expected possibilities，Protect citizens from the danger of free will as a prerequisite for freedom of contract。

What needs to be noted is，Regulation of dark patterns should avoid strong legal paternalistic intervention that directly prevents or changes consumer wishes，If the only reason to interfere with public actions is to promote public welfare，And does not provide them with the opportunity to make free choices and take responsibility for themselves，It will put regulators into the moral hazard of trying to manipulate consumers to act according to the will of regulators，Even lead to worse results than no regulation。The regulatory goal of bet365 joining bonus code can only be to guide consumers to make rational choices，Not making the decision on his behalf，Consumers can still choose to do whatever they want。

　　Guided by the paradigm of behavioral bet365 joining bonus code and economics

Aiming at the real dangers caused by bet365 joining bonus code，There are already countries and regions in the world that are enforcing the law、Response in judicial and legislative practice。For example，The U.S. Federal Trade Commission fines online platform Age of Learning million and requires it to change its marketing methods，Because it leverages bet365 joining bonus code to set auto-renewal as the default option，Enable customers to renew services without their knowledge。The Court of Justice of the European Union ruled in Planet 49 that pre-ticked boxes do not constitute “freely given” consent given by the user。The "Age-appropriate Design: Internet Services Code of Conduct" released by the British Information Commissioner's Office in 2019 proposed restrictive standards for the "nudge technology" used by network service providers to guide user decision-making。The California Privacy Rights Act of the United States clearly requires operators not to use any bet365 joining bonus code when obtaining consumer consent，Emphasize that agreements reached through bet365 joining bonus code do not constitute consent。

bet365 joining bonus code has not yet been effectively restricted by regulatory authorities in our country，Existing contract、Data Protection、There are also deficiencies in the legal regulatory framework for consumer rights protection and competition。Law regulates personal behavior，Law and behavioral science can communicate and learn from each other in many aspects。But the knowledge of behavioral science does not have direct normative effect，This requires us to infiltrate behavioral science theoretical thinking into legislation、Law enforcement and judicial aspects，To make up for the normative gap in the "behavioral aspect" of legal norms。

First，Reimagining the consumer image in bet365 joining bonus code。Currently，The concept of “general consumer” is used in many trial practices involving consumer rights protection disputes，For example, when judging whether the operator’s false advertising behavior is enough to cause consumers to have misunderstandings、When the format clause is invalid，Judges will use the daily life experience and attention of "average consumers" as the criterion for judgment。But this rational and savvy consumer as a guiding image does not exist in life practice，Consumers do not always think and act like rational people，And always full of decision-making bias。So the regulatory practice of bet365 joining bonus code，The requirements for consumer rationality should be lowered，Re-depicting the image standard of “irrational consumers”，Make it clear that “irrational consumers” have limited information acquisition and processing capabilities。

Secondly，At the level of interpretation，Reuse with behavioral science thinking、Understand specific concepts in legal norms。For example, Article 14 of the "Personal Information Protection Act"，"Processing of personal information based on individual consent，The consent should be voluntary and fully informed by the individual、Explicitly made”。The "voluntary" must be reinterpreted，The voluntariness here not only requires consumers to make decisions based on their own will，It is also required that the meaning should not be alienated due to bet365 joining bonus code manipulation during the formation stage。As for "full knowledge" in this clause, it not only requires operators to "in a conspicuous manner" when processing consumers' personal information、Clear and understandable language is true、Accurate、Completely fulfill the obligation to disclose，It is also required that the framework formed by the information should not have undue control effects。

Finally，When the bet365 joining bonus code regulation experience has accumulated to a considerable extent，It is necessary to comprehensively combat various bet365 joining bonus code risks at the legislative level，Legislative thinking that takes into account behavioral economics to establish specific protection norms for consumers and competition order under bet365 joining bonus code。Actually，There are relevant provisions in my country’s current legal norms that reflect the tendency to focus on behavioral motivations，For example, Article 25 of the "Consumer Rights and Interests Protection Law" regarding the use of networks by operators、TV、Telephone、The “seven days no-reason return” rule for consumers when selling goods by mail order or other methods，Another example is the provisions of Article 19 of the "E-Commerce Law" on "tacit prohibition of tying"。Regulating operators’ use of consumer decision-making biases must interfere with their business freedom，Based on the principle of proportionality，Legislators should prioritize the mildest means，Adopt more incentives and guidance and less use of coercion，To help consumers take action based on their true preferences as much as possible。Except entity specification，In response to the small and scattered harm caused by dark patterns to consumers，We can also consider establishing special litigation procedures at the procedural law level to achieve effective relief。

In recent years，bet365 joining bonus code is constantly changing and developing，Legal regulation of it naturally requires sufficient flexibility in the legislative framework。Reinterpret the role of consumers in network and economic activities through the language of behavioral law and economics，Can make up for the shortcomings of current consumer rights and competition laws and regulations。

　(This article is a phased result of the National Social Science Fund Youth Project "Research on Copyright bet365 joining bonus code and Transaction Issues in Digital Creative Industries from the Perspective of Blockchain" (19CFX063)

(Author’s unit: China Jiliang University School of bet365 joining bonus code、Intellectual Property College)