Abstract: The essence of the “big data killing” behavior is that the e-commerce operators use data information analysis technology to carry out the “first-level price discrimination” to plunder all consumers' surplus, which seriously violates consumers' right to know and fair trade. Existing laws such as The Personal Information Protection Act, The Consumer Rights and Interests Protection Law and The Price Law all regulate the behavior of “big data killing”, but there are problems in the law such as unclear characterization of “big data killing”, conflicts between different legal norms, difficulty in the burden of proof for consumers, and small compensation for operators, which makes it difficult to effectively curb this behavior in practice. By analyzing the specific provisions of the “big data killing” behavior in the above legal provisions, in view of the above deficiencies, this paper puts forward suggestions to improve the three stages of information collection, user portrait and differential pricing.