On December 19th, the 25th meeting of the Standing Committee of the 12th National People's Congress was opened in the Great Hall of the People in Beijing. Chairman Zhang Dejiang presided over the meeting. Xinhua News Agency Lu Zushan, deputy director of the Financial and Economic Committee of the National People's Congress, gave a description of the draft e-commerce law at the meeting, and summarized the important role of e-commerce rapid development with 15 words: transfer mode, structure adjustment, steady growth, employment promotion, and benefit to the people. At present, the scale of China's e-commerce transaction market has leapt to the top in the world, but the development of e-commerce faces prominent contradictions and problems. The draft e-commerce law unveiled yesterday consisted of 94 chapters and 94 articles, which stipulated the main body of e-commerce, e-commerce transactions, services, security, cross-border e-commerce, supervision and legal liability. It is worth noting that e-commerce third-party platforms, electronic contracts, electronic payments, express logistics, data information, dispute resolution, consumer rights protection, etc. have special chapters. The positioning of the e-commerce law is a comprehensive law, and the legislative purpose is to "promote development, standardize order, and safeguard rights and interests." Lv Zushan pointed out that in view of the fact that e-commerce is still in the process of rapid development, legislation must leave enough space for innovation, and it is impossible or necessary to have all-encompassing and inconspicuous circumstances, mainly to make principled provisions for important and urgently needed institutional arrangements. "Legislation always puts the promotion of healthy and sustainable development of e-commerce in the first place." Lu Zushan pointed out that to promote development, we must first clarify the legal status and rights, responsibilities and obligations of e-commerce entities. E-commerce law legislation also encourages the formation of enterprise autonomy and industry self-discipline, and plays the role of the market endogenous mechanism formed by e-commerce third-party platforms and e-commerce operators. Lu Zushan also mentioned that the e-commerce law has equal emphasis on protection and protection, and defines eligibility conditions, publicity and verification obligations, and service security for e-commerce, forming a good business environment and focusing on strengthening the protection of e-commerce consumers. Regulations need to be integrated in multiple laws and regulations The current consumer rights protection law, contract law, cyber security law, unfair competition law, tort liability law, etc., have been stipulated that e-commerce activities have laws to follow and rules can be followed, why should a special e-commerce law? Zhang Hua, director of Beijing Huaxun Law Firm, told the Southern Reporter that although there are provisions on the General Principles of Civil Law, the Contract Law, and the Consumer Rights Protection Law, they are all set up to regulate traditional commercial activities, although some increase in e-commerce. There are individual legal provisions, but there is still a lack of a comprehensive law that regulates the development of e-commerce. Zhang Wei mentioned that at present, various ministries and commissions of the state, the State Administration for Industry and Commerce, the Ministry of Commerce, and the Ministry of Industry and Information Technology have many corresponding departmental regulations. For example, the Measures for the Administration of Network Transaction Security of the State Administration of Industry and Commerce, the regulations are fine, but the level of law and effectiveness are not high enough. At present, e-commerce has occupied a place in the national economy, and it is necessary to separately legislate for regulation. Liu Junhai, a professor at the Law School of Renmin University of China, believes that in the past few years, there has been a brutal growth in the e-commerce market, focusing on development, lighter standards, lighter and more equitable, more efficient, lighter and more innovative, and more respect for consumers’ right to know. , the right to choose, the right to fair trade, the right to privacy, the right to claim, and the right to participate in e-commerce and platform governance, large-scale e-commerce should introduce consumer directors, consumer supervision system. "The Internet is bigger than the law," Liu Junhai said. At present, there are blind spots and loopholes in the administrative supervision of e-commerce. It is necessary to establish an administrative supervision system that crosses regional, inter-departmental, cross-market, cross-industry, information sharing and seamless docking. Strengthen enterprise autonomy, industry self-discipline, improve judicial relief, and improve third-party independent evaluation mechanism. Online and offline fair competition e-commerce should not have privilege The draft clearly stipulates that whether it is an e-commerce operator or a third-party platform, it should handle industrial and commercial registration in accordance with the law and fulfill its tax obligations. However, except for the personal skills required to obtain permission in accordance with the law, labor services, family handicrafts, agricultural products are self-produced and sold, and registration is not required according to law. Will registration and taxation affect the development of e-commerce? "Online is not a SAR, there is no privilege, no registration is unlicensed and unlicensed." Xue Jun, a professor at Peking University Law School, pointed out that it is a basic obligation for anyone to register for business as long as they have the behavior of the operator. Taxation is the same, which is also a requirement for fair competition online and offline. For e-commerce, whether or not to register for business and pay taxes, Liu Junhai also believes that the answer is affirmative. Otherwise, it will not only generate tax payment loopholes, but also seriously damage consumer rights, because the punishment and compensation provided by the Consumer Protection Law are based on one party. It is based on the consumer and the party is the operator. "Opening the store and paying the rent and paying taxes, the electricity supplier does not pay the rent and does not pay taxes, in an unfair competitive position." Liu Junhai pointed out that this situation must be changed, physical stores and online stores "hands The back of the hand is all meat." Zhang Wei also said that for college students to start businesses and small and micro enterprises, the state has tax incentives and should be taken care of if they meet the conditions. In this regard, Cai Lei, vice president of Jingdong Group, believes that all citizens have the obligation to pay taxes according to law and engage in network operations. It is not right to not register. Jingdong and Tmall are engaged in industrial and commercial registration. The key is to implement them. Now many B merchants pretend to be C merchants. Trading is nominally an individual, actually a small business, without registration, becoming a big problem. Jingdong Group told the Southern Reporter that after years of development, e-commerce has gradually entered a mature stage and has become a breakthrough in the transformation of many manufacturing-oriented enterprises in China. At this time, it is necessary to escort corresponding policies and regulations, so that e-commerce truly becomes China's economic operation. An important means of promoting consumption and stabilizing growth. The draft stipulates that e-commerce business entities should handle industrial and commercial registration in accordance with the law. JD believes that this provision will help prevent counterfeiting, protect intellectual property rights, encourage and protect innovation, and thus create a more just business competitive environment and market order. The Southern Reporter learned that there are about 110,000 merchants on the Jingdong platform and implement a strict access system. Whether it is a corporate online store or a natural online store, enterprises that register industrial and commercial enterprises and pay taxes according to law are eligible to become merchants of the Jingdong platform. 1 The draft e-commerce law defines e-commerce and third-party platforms. According to the draft, the e-commerce third-party platform is a legal person or other organization that provides webpage space, virtual business premises, transaction matching, information release, etc. for both parties or parties in an e-commerce activity. "In addition to the platform, natural persons, legal persons or other organizations that sell goods or provide services through information networks such as the Internet are e-commerce operators. The draft also clarifies that services related to financial products and services, the use of information networks to broadcast audio and video programs and online publishing are not applicable. So, which are the platforms and which are the operators? Is it an e-commerce to sell things in the WeChat circle? Is the network car platform a third-party platform? Xue Jun, a professor at Peking University Law School, pointed out to the Southern Reporter that judging whether e-commerce and e-commerce platforms should be judged according to the definition and specific business models. There are many ways to sell things in WeChat friends. If it is a WeChat store, it is similar to the operators in the e-commerce platform. If it is a natural person engaged in the exchange of extra personal goods, it belongs to the C2C mode and does not have the characteristics of operation. Liu Junhai, a professor at Renmin University of China Law School, believes that the e-commerce law should cover all kinds of commercial activities carried out on the Internet, including but not limited to online car, network medical and health services, and WeChat friends. At present, many people use the C 2C form to open a store on the Internet. If they do it repeatedly and carry out commercial activities sustainably, they should be aware that there is a commercial act and they are e-commerce operators. There are many types of third-party e-commerce platforms. The core feature is to provide an intermediary platform between operators and consumers, operators and operators. It is similar to “matchmakerâ€, Alibaba, Jingdong, Tencent, and network car platforms. Electronic business platform. 2 The provisions on the responsibilities and obligations of third-party platforms are the subject of much attention in the e-commerce law. According to the draft, the third-party platform has the responsibility of reviewing and registering information and verifying the documents for the operators who apply for entry. It is necessary to check and monitor the goods and services of the platform, and store the goods and services information and transaction information for at least three years. Distinguish between the marked self-operated business and other business operations in a significant manner, otherwise a maximum fine of 500,000 yuan may be imposed. How do you look at e-commerce platforms for these regulations? Cai Lei, vice president of Jingdong Group, told Nandu that the e-commerce platform must bear the corresponding responsibility, because only the platform knows so much information of the merchants and has the ability to have a strong management platform. Xue Jun believes that the encouragement and restraint of the draft on the platform is relatively balanced. However, Liu Junhai believes that the responsibilities and obligations of the draft on the platform are lighter, less written, and less written. The e-commerce platform is the trustee and agent of the consumer, and should be well-placed for the consumer, put the whistle, and put it well. Guan, "The platform is built by you, the rules you write, the e-commerce is your choice, you have big data, you take the money of the consumer", you must strengthen the platform's obligations and responsibilities, this will not harm the interests of the platform. It helps to maintain a fair competition order between platforms. Otherwise, "bad money drives good money" is not conducive to protecting consumers, and it is not conducive to the development of the platform itself. "In the future, there will be more Alibaba and JD. Competition, break the monopoly, and optimize the multi-shared e-commerce environment." 3 In recent years, the e-commerce platform has become the hardest hit area for counterfeit and shoddy goods. What responsibility does the e-commerce platform have to bear, and should it assume more anti-counterfeiting obligations? The draft stipulates that if a third-party platform knows that the operators in the platform infringe intellectual property rights, it must take necessary measures such as deleting, blocking, disconnecting, terminating transactions and services, and encouraging the platform to establish a quality guarantee mechanism for goods or services. Liu Junhai said that the provision should be added with "or knowing" after "knowing". The platform knows that there are infringements of other people's intellectual property rights, patent rights, registered trademark rights and other commodities in the sale, and it is necessary to bear the joint and several liability with the seller. It is not intentional. It should be known and not known. If it is a gross fault, it should also bear responsibility. However, Xue Jun pointed out that it is not the platform that sells fakes, the merchants are selling fakes, the platform is just setting up trading space, it is impossible to decide what to sell in each small store, the platform merchants are selling fake and shoddy products, the platform is not necessarily mastered, and consumers find out It is necessary to complain, let the product off the shelf and avoid losses. Cai Lei pointed out that the e-commerce platform is absolutely not blameless. The compensation on a reasonable and prudent basis should be strengthened, but "responsibility should also be a limited liability." If someone buys drugs online and eats poison, the platform cannot assume unlimited. Liability, the draft should also avoid the platform to assume full responsibility. 4 The draft of the e-commerce law stipulates that both third-party platforms and other e-commerce operators must prevent information leakage and ensure data security. They must not force users to agree to collect, process, and use personal information on the grounds of refusal to provide services. Transaction, illegal intrusion, fraud, coercion, etc., collect personal information without the authorization of the user. Why do you have to make multiple provisions on the responsibility of e-commerce in the protection of personal information? “This regulation means that the collection of personal information is suspected of infringement without the authorization of the userâ€, Liu Junhai mentioned that the real-name system of the Internet has been implemented, and the personal privacy information of consumers is massive. If not protected, it will seriously infringe on the privacy of consumers. Right, and even property and personal safety, the draft e-commerce law further reaffirms the relevant provisions of the Cyber ​​Security Law and the Consumer Rights Protection Law. The key lies in whether it can take root. Zhang Wei pointed out that data information protection is a very important issue in business activities. In the current e-commerce activities, some personal information has been leaked. Every year, there are even some big events. At the same time, data information security is getting more and more attention. Both e-commerce companies and Internet companies regard data information as a new development direction and constantly explore and explore the value. Therefore, it is necessary to regulate this. 5 In the section entitled "Market Order and Fair Competition", the draft stipulates that e-commerce should not promote commercial credibility for itself or others in the form of false transactions, deletion of adverse evaluations, compensation or other conditions in exchange for favorable evaluation, and cannot harass or threaten the counterparty. Forcing them to make, modify, or delete goods or service evaluations in violation of their will, and the fine can be fined up to 500,000 yuan. Liu Junhai believes that this is a matter of chaos and chaos, and further respects consumers' right to know, choose, and trade, strengthen the information disclosure obligations of e-commerce, and ensure that e-commerce is in a level of fair competition. A fine of 500,000 yuan can be used as a "sword of Damocles", but it must be used, but in addition to fines, consumers who are defrauded can also claim punitive damages in accordance with the provisions of the Consumer Protection Law. E-commerce cheating should be "blacklisted." Cai Lei strongly agrees with this regulation. He believes that brushing is a serious act of dishonesty, and it is necessary to impose heavy penalties for the competitive position of market advantage through dishonesty. "If the amount of the bill is relatively large, the upper limit of 500,000 yuan is a little less." He believes that there should be a starting point for the upper limit of the fine, and a certain percentage should be determined according to the transaction amount and the number of bills. Secret Drafted for three years, 12 ministries participated The draft of the e-commerce law was drafted by the NPC Financial and Economic Committee. At the end of 2013, the legislation was officially launched, and a legislative leading group and a working group attended by 12 ministries and commissions were set up. Southern reporters learned that these ministries include the Ministry of Commerce, the National Development and Reform Commission, the State Administration for Industry and Commerce, the State Administration of Taxation, and the People's Bank of China. In the meantime, in response to the key and difficult issues in the legislation, 16 legislative topics were studied, four versions of the legislative outline were formed, and two drafting groups were established. Among them, one drafting group is composed of relevant ministries, college experts, associations, institutions, e-commerce, etc., and the other is composed of Shanghai, Zhejiang, Jiangsu and other local people's congress financial and economic committees, respectively, and completed two drafts of draft legislation. It is noteworthy that several seminars held during the legislative process, including two international seminars, invited well-known legislative experts from international organizations, countries and regions such as the United Nations Trade Law Conference, the United States, the European Union, Singapore, and Japan. At the beginning of this year, the two drafts of the draft legislation proposed "consolidated into one" to form the first draft of the draft law. The first draft sought the opinions of the relevant departments of the State Council, and after repeated communication, a draft discussion draft was formed. In April this year, the drafting of the leading group meeting agreed in principle, and then sent to the provincial and municipal people's congress financial and economic committees to solicit opinions from local and social circles. In July, the National People's Congress Financial and Economic Committee plenary meeting reviewed and approved the draft in principle. Since then, the General Office of the Standing Committee of the National People's Congress has sent a letter to the General Office of the State Council, soliciting opinions from various departments of the State Council, and revising and improving according to the 188 opinions feedback from 61 departments, and then sending them to the Law Commission for review, in accordance with the opinions of the Law Commission. Important issues were communicated and negotiated with relevant departments. The draft was submitted to the Standing Committee of the National People's Congress for deliberation and took a big step toward the implementation of the implementation. Din Rail Connectors,Din Terminal Block,Din Rail Mount Terminal Block,Rail Terminal Block Cixi Xinke Electronic Technology Co., Ltd. , https://www.cxxinke.com
The long-awaited draft of the e-commerce law was submitted to the Twenty-fifth Meeting of the Standing Committee of the 12th National People's Congress yesterday for deliberation. The law was drafted by the NPC Financial and Economic Committee and 12 ministries participated in the legislation. For the first time, the draft defines e-commerce and third-party platforms. It is clear that e-commerce needs to register industrial and commercial enterprises and pay taxes according to law. It is not allowed to collect personal information without authorization. It is not allowed to brush praise or delete bad reviews. The offenders can be fined up to 500,000 yuan. The draft also provides for cross-border e-commerce, electronic payment, express delivery and so on. 
September 30, 2021