Exclusive Interpretation Of The E-Commerce Law

< p > December 27, 2013, the finance and Economic Commission of the National People's Congress convened the first draft plenary session of the drafting group of < a href= "http://sjfzxm.com/news/index_q.asp > e-commerce > /a >, and for the first time delineated the" timetable "of China's e-commerce legislation.

What problems can't be solved by the e-commerce law? < /p >

< p > from the drafting group to December 2014, the conference conducted special investigations and research projects and completed research reports, forming a legislative outline. In January 2015 of ~2016, the draft law was drafted and completed.

The background of the drafting of the e-commerce law is that Internet fraud, e-commerce price war, false promotion, improper after-sales service, personal information leakage, e-commerce contract problems, intellectual property rights issues, information security problems, tax issues, and the increasingly hot Internet financial problems surrounding the Internet payment and financial development are becoming more and more prominent with the rapid development of China's online shopping market.

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"P," Yao Jianfang, an analyst with China's e-commerce center, told the International Business Daily reporter: "the legislation of electric business needs to solve the problems of information security, intellectual property protection, virtual property protection, payment and so on.

At the same time, the supervision of the third party platform should also have laws to improve the access threshold of the electricity supplier industry, and safeguard the healthy development of consumers' rights and interests as well as the whole industry.

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< p > according to the statistics of China Consumers Association, there were 20454 complaints online shopping in 2012, accounting for 52.4% of sales service complaints.

In the first half of 2013, there were 18471 complaints on Internet shopping, and 20530 complaints about food and drugs in the first half of 2013.

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< p > according to the monitoring data of China's e-commerce complaints and rights protection public service platform, in the first half of 2013, online shopping complaints accounted for 45.40% of the total complaints, online group buying accounted for 13.15%, mobile e-commerce accounted for 9.50%, logistics express accounted for 6.64%, B2B network trade accounted for 5.83%, other 15.16%, after-sales service, refund problems, false promotion, replacement of goods, network fraud, slow delivery, quality problems, online sales, cancellation of orders, energy saving subsidies became the ten hot complaints of online shopping.

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< p > Yao Jianfang gave an example: "for the third party service platform, such as users buying < a href=" http://sjfzxm.com/news/index_q.asp "> counterfeit goods < /a >, whether the platform bears responsibility? Whether the user account information is leaked or stolen, does it bear the responsibility of paying compensation? The third party platform's refund rules are all areas that the relevant laws and regulations of the existing electricity supplier have not yet covered."

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< p > last year, the amendments and judicial interpretations of relevant laws and regulations, such as the consumer protection law, have constantly regulated e-commerce activities under the existing law.

For example, in October 25, 2013, the fifth session of the Standing Committee of the twelve National People's Congress made second amendments to the consumer law, and the Elimination Act will be implemented in March 15th this year, adding some provisions under the new consumption situation.

Twenty-fifth of them clearly stipulate: "operators sell products by means of Internet, television, telephone, mail order, etc., and consumers have the right to return products within seven days from the date of receipt of the goods, without giving reasons."

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< p > in addition, the Supreme People's Court promulgated the provisions on the trial of food and drug disputes applicable to < a href= > http://sjfzxm.com/news/index_q.asp > < < /a > > in January 9th.

For the legal liability of Internet trading platform providers, false food and drug advertising spokesmen and promoters, the judicial interpretation stipulates that consumers purchase food and drugs through network trading platform, and the court supports consumers' claim that the providers of online trading platform should assume responsibility under the circumstances that Internet trading platform providers can not provide information such as food and drug production.

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A series of documents on cross-border electricity suppliers issued in 2013 (P) have continuously put forward some attempts to cross border electricity supplier declaration, customs clearance, settlement of foreign exchange and tax rebates. These are also aspects that the industry hopes to be clearly identified in the e-commerce law.

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