E-commerce legislation: consumers and businesses benefit

The e-commerce legislation will be launched, and people in the industry have speculated about it. What impact will it have on the entire e-commerce business? Will solve the ills of e-commerce? The reporter interviewed a well-known IT legal expert and Zhao Chao, the chief legal advisor of China Network Legal Network, to answer the significance of this e-commerce legislation for the entire industry.

Ten years of e-commerce development has never been known and gradually entered and changed people’s lives. Such a long process has experienced changes in various modes and habits, and it has brought people convenience and speed while never having The reason for stopping people's troubles and confusions is that there has been no single high-level special legislation to restrain and manage the chaos in e-commerce. But a few days ago, it was reported that the State Administration for Industry and Commerce would take the lead in launching e-commerce legislation. Industry insiders have stated that this will become another landmark event in the history of e-commerce.

The industry is in urgent need of legislation to regulate the C2C from cohabitation to subsequent group purchases. Complaints have always topped the Internet complaints, and consumers are injured. Industry players are also one of the victims.

The process of e-commerce development is also a process of games, consumers and various infringements. Starting from Taobao, which has been criticized by many people, many large-scale websites have burst out various “door” incidents. The problems of counterfeit goods, short-sales service, false positives and unfair competitions are frequent problems.... Problems abound.

Since its birth, Taobao has been crowned with an indecent title of "Fake Kingdom", but in fact, Taobao's counterfeiting has not stopped. Alibaba's public relations staff once revealed to this reporter that the joint police investigation of illegal businesses has become Taobao's daily work. The group purchase website has been plagued by various complaints since its birth, but there are always various merchants united to reach certain industry consensus in order to achieve a more pure business environment. But in the end, the merchant’s own efforts are always paid. The reason is that in addition to the moral constraints of the business itself, there is still no domestic legislation that has strong restrictions to regulate the e-commerce industry. The frequent occurrence of various chaos has not only harmed the interests of consumers, but has also caused the entire industry to fall into a great faith crisis.

The e-commerce legislation will start the appeal of industry insiders. What the market needs is a truly authoritative specification that allows businesses to have laws and regulations that allow consumers to be protected as they wish, allowing the industry to grow healthily.

In recent days, the status quo of the domestic e-commerce industry has become unstoppable and the status quo that cannot be achieved is expected to end. The reporter learned that the "Regulations on Supervision and Administration of Online Commodity Trading and Services" initiated by the State Administration for Industry and Commerce has been included in the State Council's "Class II Legislation" program. This means that the increasingly fierce e-commerce price war is expected to converge and the industry will develop in an orderly manner.

Zhao Chao, a well-known IT legal expert and chief legal advisor of China Network Legal Network, told this reporter that this legislation will play a more comprehensive normative role in the e-commerce industry.

● Attorney interpretation of the high level of legislation will help solve the problem comprehensively. Network Report: Before this e-commerce legislation, e-commerce problems are resolved according to which laws and regulations?

Occupation by Zhao: The only legislation specifically targeted at e-commerce is the Interim Measures for the Administration of Online Commodity Trading and Related Services, promulgated by the State Administration for Industry and Commerce. The nature of the legislation is that of departmental rules. The first is the lower level of legislation, the second is the limited scope, and the existence of e-commerce. Many problems are still mainly resolved through traditional laws, such as contract law, product quality law, consumer rights protection law, and so on.

Internet Reporter: In your opinion, what are the current e-commerce problems and there are loopholes in the law?

Zhao occupation: very much. Summarize briefly, such as the lack of a legally binding integrity mechanism; the e-commerce platform's trading rules formulation and modification mechanism needs to be introduced by the government or industry associations; the error rate in e-commerce promotions, unilateral cancellation of orders, and arbitrarily changing activities Lack of effective constraints on rules, etc.; lack of definition of legal liability for online group purchasing platforms and cooperative businesses; lack of definition of new models such as network rebates and Swoopo auctions; and inadequate legal security mechanisms for personal information security in e-commerce, etc. Wait.

Internet Reporter: Do you think, what aspects of e-commerce legislation should e-commerce vendors regulate and protect?

Occupation by Zhao: What is currently known is to regulate the market from the nine aspects of market access, credit system construction, consumer rights protection, case jurisdiction, online intellectual property protection, emerging business, cross-border transactions, network misconduct, and “second kill”.

I think there are at least several additional aspects that need to be added: 1. The e-commerce platform's trading rules formulation and modification mechanism needs to be improved. It needs to take into account the interests of all parties and needs to be supervised by the government or industry associations. 2, in addition to the spike, there are a variety of promotional activities need to be standardized, the problems involved are mainly false discounts, free to change the rules of activity. 3. Make clear specifications on common unfair terms, such as the terms of the time when the contract was established.

Network Guide: Some industry experts said that the start of the e-commerce legislation may play a significant role in constraining some large companies. What do you think?

Zhao Occupied: It depends mainly on the specific circumstances of the legislation. First, it depends on whether the angle involved is comprehensive. Second, it depends on whether the core issues encountered by e-commerce are involved in depth; Third, it is necessary to see whether stricter regulations are required. The fourth is to look at the implementation after the implementation of the law.

Internet Reporter: Do you think that the start of e-commerce legislation will affect the development of e-commerce? What is the role of e-commerce and consumer?

Occupation by Zhao: The e-commerce field has always lacked a special legislation with a high level of legislation and comprehensive regulation of industry issues. This legislation should be issued in the form of administrative regulations, which is of great significance to the development of the e-commerce industry. It will first help solve the e-commerce development. The outstanding problems encountered in the process will clear the obstacles for the development of the industry and will also make the industry more standardized. For consumers, the legal basis for rights protection has been increased. For the phenomenon of infringement of rights and interests, taking into account the cost factors, it is possible to rely more on the strength of industry supervision.