The emergence of consumer protection rules has been hundreds of years of history，But the system supply of the system is more than half a century.。The emergence of the new system must have the cause of fate，That is, the information of both parties caused by the development of science and technology development and trading model、Invoicable status。Traditional Private Law is suitable for such a transaction situation of such substances，Can't achieve good results，The dispute is constantly and the cost of resolution is high，Therefore, you need to intervene in transactions from the perspective of dispute prevention，This new idea has prompted the emergence of consumer protection laws。It balances the information distribution and strength comparison of the transaction through the method of tilt configuration of rights，to promote transaction fairness。

In recent years，Digitalization to the economy、Social operation has a great impact，Big Data and Artificial Intelligence Deep Topping Society。New economic format、Trading mode、Social relations continue to appear，The response to the original legal system has appeared in some difficulties，Therefore, it is necessary to pay attention to the digitalization process and its impact on the law。The impact of digital society on consumer decision -making and challenges on consumer law is extremely obvious，Especially the increasing information asymmetry in digital society，The substantial inequality of both parties in the transaction further deepen，Traditional behavior that damages consumers not only continues to exist，And the operator uses artificial intelligence to process big data and integrates the consumer psychological mechanism，Make cognitive operation instead of misleading cognition becomes an important issue facing consumer transactions。These are the focus of consumer legislation in digital society。

　bet365 live casino games  

The digital development process of society is irreversible，Therefore, in -depth observation of its consequences。From the perspective of consumer protection，Special need to understand the impact of digitalization on trading information and consumer decision -making。

In terms of transaction information，Although the digital process can provide consumers with certain information convenience，But in many cases, the degree of information asymmetry will be exacerbated。This asymmetry does not originate from the expansion of the scope of online transactions，Data from before and in transactions、In -depth application of artificial intelligence。This application brings a series of issues that affect the fairness of transactions。For example，The fascinating phenomenon of the self -confidence of false information for the genetic artificial intelligence model，Generate false information and easily spread in society and market，This is directly adversely affected for the individual consumers。bet365 Play online games Another example，Automated decision -making based on big data and artificial intelligence，The consequences of black holes will be produced on the problem of information asymmetry，So as to push information asymmetry to extreme。With the popularity of automation decision -making，The problem of information incurred by the black hole due to algorithm has become universal，Effective response to the law，But this is obviously a problem: first，It is difficult for consumers to know the unfavorable consequences of algorithm design for its existence，So，Personal rights protection mechanism is difficult to start and it is not easy to play; second，The solution of this problem is also difficult to apply to solve the traditional solution of information asymmetry.。Compulsory information disclosure of operators has more implementation obstacles，On the one hand，Algorithm as the core of artificial intelligence，Directly involved consumer interests，Of course, consumers have a certain right to know，But the algorithm is also the core asset of the enterprise，Mandatory information disclosure for algorithms may have adverse effects on enterprise operations，For example，Competitors or other subjects make abuse of operators because they know the core technologies of the algorithm。On the other hand，Due to the large number of information disclosed、Professional strong，Even experts may not be able to understand easily。The algorithm in machine learning is operated after a long period of operation，To explain and explain its specific mechanism，It may be complicated enough to be a problem for the initial designer。Solve the asymmetric problem of this kind of black -hole information，Need some new measures。

Except for information asymmetry, this traditional consumer protection law problem，We must pay attention to digitalization through the appearance of digitalization to consumer protection，that is, the erosion of digitalization of freedom of contract and autonomy，This is the focus problem that consumer legislation needs special attention。How to erode the freedom of contract and autonomy in digitalization? Under traditional information asymmetry，As a disadvantaged consumers, although the information is insufficient，But its situation of insufficient information is known，I know that I am in a weak information，and know that the fields of insufficient information are mainly concentrated in the trading target; and in the trading scenario of digital society，Traditional information asymmetry still exists，and the new asymmetry produced again，This can be called asymmetry that the transaction party knows。The operator via big data、The use of real -time technology and other means in transactions，Maybe more than consumers who know consumers themselves。This will make consumers naturally in the game in the game。other，The operator and its related industries control the information obtained by the audience through the algorithm，Affecting the cognition of potential consumers。This does not seem to affect the freedom of contract and autonomy Bet365 lotto review in the form of form，But substantially erodes the freedom of contract and autonomy of meaning。

　First, you can get information control.Human confirmation bias，tend to choose facts or information that is consistent with the existing views，Therefore, it may be weaved into the information cocoon room。This is the psychological mechanism of human natural existence，Can be called a psychological cocoon room。Digital society，Large -scale control of information providing information is algorithm cocoon room，That is, the app service provider has a choice of push information on the APP based on human preferences or habits。The algorithm of selective push information is difficult to effectively regulate and eliminate the consequences，Because the selectivity of the information is only in the app，and the selection of information is related to the preferences or habits of app users; because many apps will use certain algorithm recommendation information，Therefore, even consumers who use multiple apps，The acquisition of the information will also be controlled。Another，Facing a large amount of information，Due to limited time，Consumers have limited ability to obtain information。So，APP This behavior based on algorithm selective push information，The common role of the psychological mechanism of selective information，Consumers in digital society are easily in an information cocoon room。At the level of consumer decision -making，The information obtained is manipulated to a certain extent，Although the freedom and will of the decision maker from the level of the law are not interfered or restricted，But decision is the processing of information，Information is manipulated，Decision makers' contract freedom and meaning autonomy are naturally affected by negative，From the results of the results，Decisions may also be not conducive to yourself。

　　Second, precise marketing based on big data.The platform of the transaction originally brought the convenience of transaction，With the deepening of the digital process，The precise marketing of consumers gradually appears。With the development of information tracking technology、Expansion of information collection and continuous improvement of information processing capabilities，An artificial intelligence based on the data obtained by the operator tends to be accurate for consumers' portraits，The accuracy of personalized marketing continues to increase。Treatment of big data，In fact, the aforementioned information cocoon room phenomenon has been combined，and also combine the psychological mechanism mentioned later，and also combine the psychological mechanism mentioned later，But the information distribution before and after its transaction、Cognitive basics、Power Comparison, etc.，It is completely different from one -to -one transactions in traditional society。Although the same transaction，Its difference is great。The existence of this kind of difference，Not only does we need to investigate the direct impact of consumer interests，It is necessary to deeply study the scope and extent of the influence of consumers' autonomy。

other，To achieve accurate personalized marketing，Operators in the era of big data may collect a large amount of consumer personal information，Questions to produce personal information protection。Traditional transactions also involve personal information protection，But this problem is not complicated，Relevant clauses for the application of traditional private law are sufficient。Version 1.0 in the Consumer Protection Law，Personal information protection clauses have not become one of its main contents。This is because before digitization，Consumer information cannot be collected into big data，The information itself cannot reflect value，Therefore, there is no motivation and desire for the operator。In a digital society，Information acquisition is often another main purpose of the operator，Sometimes it even becomes the main purpose of the transaction; for consumers，In order to obtain goods or services，The consideration paid in addition to traditional forms such as money，It also includes personal information of different scope and different degrees。So，The protection of personal information of consumers has become one of the important contents of consumer legislation in digital society。Of course information collection is not the ultimate purpose，One of the ultimate goals is personalized marketing，This has become another important content of consumer legislation in digital society。

　　Third, the use of psychological mechanism.The use of psychological mechanisms and digitalization does not have a direct causality，Both can exist independently、Independent use。In non -digital traditional era，Psychological mechanisms will also be small in marketing、Limited use，The large -scale application of digitalization into a psychological mechanism creates conditions，That is，The extensive use of psychological mechanisms in marketing can only become possible in the situation of digitalization of society。

On the one hand，It is the use of cognitive deviation in transactions。Cognitive deviation is the cognitive characteristics of human cognitive systematic deviations from standards.。Digital economy，The platform of the transaction makes the operator show a large amount of information in marketing to become possible，This facilitates the use of cognitive bias in marketing，To make the marketing application of cognitive deviations become normal，A large number of consumers are affected by the marketing of the operator's cognitive bias marketing。This kind of marketing model that combines cognitive bias is completely different from the mechanism of traditional marketing that affects consumer decision -making。Traditional marketing affects consumers decision -making at the level of rational decision，Even the misleading information provided by the operator works on this level; the impact of cognitive deviation on consumer decision -making is generally at the subconscious level，It is at this level，The operator's cognitive manipulation of consumers Bet365 lotto review is unfolded or implemented。Operators add cognitive bias elements in personalized marketing based on anonymous portraits，The possibility of potential consumers affected by cognitive deviation will increase greatly。

On the other hand，It is the use of emotional calculations in transactions。The digitalization of the economy enables the cognitive deviation to be widely used，Then affect consumer interests，And emotional calculation is the direct product of artificial intelligence and big data，It handles the emotional status of the informed person through the algorithm of the basic information obtained，So do various applications。The long -term economic man assumes that there is a problem with the cognition of human decision -making，Studies in psychology show，Human decision -making is the result of rational decision -making and emotional drive common effects，Emotion plays a very important role in people's decisions，Therefore, the development of artificial intelligence cannot ignore the field of "emotion"。In fact，In theoretical research and practical application，Emotional calculations based on big data and artificial intelligence have received more and more attention。In the field of transaction，Operators obtain emotional conclusions through emotional calculations，Then change the transaction arrangement，This arrangement may make appropriate product recommendations by discovering the real -time psychological conditions of potential consumers。For example, research on psychology，People are in a positive and negative psychological state，There will be large differences in their shopping desires，Operators can include emotional information on the basis of precision marketing information，To achieve deep personalized marketing，To improve the success rate of marketing; this arrangement may also be before the transaction is reached，The psychological condition of the operator obtains the potential transaction object based on real -time emotional calculations，Continuously propose trading clauses that are conducive to operators。This behavior may be neutral，It may also damage the interests of consumers。Minding for this cognitive，Traditional law does not involve。

　Legislative ideas for consumer protection in digital society 

Digital development is deeply changing the operation mode of society and economy，Increase efficiency、At the same time as promoting benefits，I also challenged the existing legal system，Legislation must respond to this。Social and economic changes have caused the transaction between operators and consumers to become an asymmetric game，This has led to the generation of consumer protection law，and the digital process gradually pushes this asymmetry to extreme。On the one hand，The information environment faced by consumers is not friendly，False information and information black holes accompanied by digitization are prevalent; on the other hand,，Except for the traditional information advantage，It also realized the excavation of consumer information through big data and artificial intelligence，Even on specific issues, bet365 Play online games even knowing themselves better than consumers。Information is asymmetry between the information between the operator and the consumer，It has already across the transaction target to identity information，This further substantially erodes the basis for promoting fair transactions in private law。Knowing and knowing the other，This is the advantage of operators in digital society，The operator can use its advantages，evolved from personalized marketing to personalized manipulation，Even further moves to personalized fraud。If there is no institutional constraint，The interests of consumers are damaged and difficult to avoid。Consumers of consumers in digital society constitute the 2.0 version of the Consumer Protection Law，Focus on the following issues。

　First，Continue to follow the balanced legislative concept，But the determination of the balance point requires a comprehensive consideration。Consumer Law is essentially a law that is a kind of right to co -configuration，To a certain extent balance the power of the transaction to promote the fairness of the transaction。This legal concept is also applicable in consumer legislation in a digital society。But the balance is not one side、Absolute，The determination of the balance point needs to be concerned when paying attention to the interests of consumers，According to the specific behavior and transaction situation of the operator，Comprehensive consideration of industry trends、Industrial development、International experience and other factors。For example，Article 1 of my country's "Consumer Rights Protection Law", while emphasizing the protection of the legitimate rights and interests of consumers，It also mentioned the healthy development of the economy，This can be understood as a constraint on the tilt configuration of rights，That is, the obligation of the operator is not boundless，Otherwise, there is no economic healthy development。

　　Second，Determination of the freedom of contract and autonomy，Judging from formal judgment to substantial judgment transition。When consumer legislation in the future，Need to look at the consumer's contract freedom and autonomy，The information environment that can be faced by consumers、The degree of information acquisition、Personalized marketing situation、Comprehensive consideration of the situation of psychological mechanisms，instead of judging appearance in the form of transaction。Form judgment is mainly used for the traditional private law system，Scenes that are mostly used for public rights intervention。Freedom of consumer contract and autonomy is substantial、Large -scale、In the case of systematic erosion，How to effectively identify and make reasonable response，It is a basic problem in consumer protection legislation in the future。To solve this problem，The Consumer Rights Protection Law and related specifications shall build a systematic system framework，Real requirements to adapt to the substantial judgment。

　　third，Focus on cognitive manipulation issues in the consumption process，Research on the research results of other disciplines。Consumers in digital society involve big data、Artificial intelligence and many new types of problems，Therefore, the scope of consumer protection law in the broad sense is large。Look at it in a broad sense，The scope of the adjustment of the consumer protection law is continuously expanding、The rules are constantly improving，In recent years, my country's monopoly on the platform、Algorithm regulation、Personal information protection and other front -edge issues have related legislation，and involved the protection of consumers。But，The cognitive manipulation of the operator's potential consumers is not involved in the consumer law of consumer law in various countries in the world.，​​This is the latest problem associated with digitalization，It should attract the focus of my country's future consumer legislation。This problem involves big data、Artificial Intelligence、Psychology、Marketing and other discipline areas，The research results of other disciplines can be widely used in the process of legislation，To clarify the inherent mechanism of cognitive operation and make targeted response。Through response to this issue，It can optimize the implementation path that promotes the correct decision -making of consumers，That is, the traditional path of enhanced rational decision -making capabilities，Developed to enhance the new path of increasing rational decision -making capabilities and prevent cognitive manipulation。

　　(This article is the Study of the Mechanism and Path of Performance Economics of the State Social Science Fund "(22VRC004) staged results) 

(The author is a professor at the School of Law of Guangzhou University)