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People's Daily Publication: Providing Legal Guarantees for the Development of Electronic Commerce

Date: 2019-05-28
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Author: Zhang Hui | Source: People's Daily

Establishing the basic rules of electronic commerce activities provides the legal guarantee for the development of electronic commerce.

In recent years, electronic commerce, as a new type of business activity, has developed rapidly, which has brought important influence to the commercial ecology and people's production and life. The development of electronic commerce not only brings new impetus to economic development, but also brings a series of new problems to the maintenance of market order and the protection of the rights and interests of consumers and business operators. To solve these problems, we need to use the rule of law to guide and ensure the sustainable and healthy development of e-commerce.

Since January 1 this year, China's Electronic Commerce Law has been formally implemented. Electronic commerce law is a special law that regulates the sale of goods or the provision of services through the Internet and other information networks in China. Its promulgation and implementation indicate that China is gradually improving its laws that are compatible with the Internet economy. E-commerce law has established a series of basic rules for e-commerce activities, which is of great significance for regulating e-commerce operations and protecting the legitimate rights and interests of consumers and operators. These rules are mainly reflected in the following aspects: First, the protection of rights and interests rules. The main scope of protection of rights and interests includes e-commerce operators, consumers, and intellectual property owners. Electronic commerce law makes corresponding provisions on the main rights and interests of consumers that may be infringed, and also strengthens the protection of the legitimate rights and interests of operators and intellectual property owners in the platform. The second is to standardize the rules of order. The Electronic Commerce Law stipulates that the state shall establish a coordinated management system in line with the characteristics of electronic commerce, and promote the formation of an electronic commerce market governance system with the participation of relevant departments, electronic commerce industry organizations, electronic commerce operators, and consumers. This embodies the legislative purpose of standardizing the behavior of electronic commerce and maintaining market order. Third, promote development rules. Promoting development is embodied in the provisions of the Electronic Commerce Law in terms of industrial policy, green development, infrastructure, etc.. It also includes provisions on strengthening the construction of electronic commerce standards, the integration of electronic commerce and various industries, and the development of cross-border electronic commerce. These provisions provide a legal basis for the development of electronic commerce.

It is one of the legislative purposes of the Electronic Commerce Law to actively protect the legal rights and interests of consumers. The Electronic Commerce Law establishes a series of rules to prevent the operators of e-commerce platforms and operators within the platform from using influence to infringe on the legitimate rights and interests of consumers. The Electronic Commerce Law clearly requires that operators of e-commerce platforms should follow the principles of openness, fairness and fairness, formulate platform service agreements and transaction rules, and clarify the rights and obligations for entering and exiting the platform, safeguarding the quality of goods and services, protecting consumer rights and interests, and protecting personal information. Business operators of e-commerce platforms should also establish a sound credit evaluation system, publicize credit evaluation rules, and provide consumers with ways to evaluate the goods sold or services provided within the platform. In the past, the law of our country has not clearly defined the ranking behavior of website bidding. Article 40 of the Electronic Commerce Law clearly requires that 'advertisements' should be clearly marked for the goods or services that are ranked at the bidding price. This is an important breakthrough at the legislative level and has great significance for regulating Internet search services. The Electronic Commerce Law requires business operators to disclose information on goods or services in a comprehensive, true, accurate and timely manner. They must not deceive or mislead consumers by means of fictitious transactions or fabricated user evaluations. They must respect and equally protect the legitimate rights and interests of consumers.

E-commerce platform brings together operators, consumers, logistics operators and other entities in the platform. Their standardized operation has a major impact on e-commerce activities. In order to effectively regulate the operation of the e-commerce platform, the electronic commerce law stipulates the rights, obligations, and responsibilities of the operators of the e-commerce platform in a large number of articles. For example, Article 28 requires the business operator of an e-commerce platform to submit the identity information of the business operator within the platform to the market supervision and administration department in accordance with regulations, and to submit the identity information of the business operator within the platform and the information related to tax payment to the tax department. This creates a legal obligation for platform operators to perform their duties of supervision and management. For another example, Article 31 requires that business operators of e-commerce platforms should record and keep information on goods and services and transactions published on the platforms, and ensure the integrity, confidentiality and usability of information. In this way, if there is a suspected infringement of consumer rights and interests, the transaction data information stored by the platform can help restore the truth and ensure the security of e-commerce transactions.

Through a large number of clear and specific legal norms, e-commerce law responds to the practical problems that need to be solved in the development of e-commerce and provides a strong legal guarantee for the development of e-commerce in China. However, we should also see that the introduction of e-commerce law is only the first step in China's e-commerce legislation work. With the development of technology and the innovation of business model, new situations and problems will emerge. This requires us to constantly improve the relevant laws and regulations on e-commerce according to new situations and new issues, so as to create a better legal environment and provide stronger legal guarantee for the sustainable and healthy development of e-commerce.

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