Today The SAIC Answers The Reporter'S Question About The Real Name System Of Online Shop.

1. question: what are the guiding principles and principles for the formulation of Interim Measures for the management of online commodity trading and related services?

Answer: the guiding ideology and principles for formulating the measures can be summed up in one sentence, namely, "adhere to the two promotion and the two maintenance".

"Two promotion" means promoting the development of online commodity trading and related services, promoting the healthy development of online commodity trading and related services.

At present, China's network market is developing rapidly, but in general, it is still in the initial stage of development, especially because the development of network technology is very fast, and new things emerge in an endless stream. Every technological change will bring greater changes in the network market, and many problems can not be accurately quantified and qualitatively analyzed.

The emergence of Internet market has greatly changed people's production and life style, representing the direction of future market paction development.

Network economy is one of the strategic emerging industries vigorously nurtured by the state. It is one of the important strategic measures to realize the pformation of economic development mode and adjust and optimize the economic structure.

Therefore, we must seize the opportunity and take effective measures to foster and support the development of the Internet market, and strive to create and provide a good and relaxed external development environment for the development of the main body of the network market.

Development is the absolute principle. Only by fully serving the scientific development can the industry and Commerce Administration play its full role.

Healthy development is the inherent requirement and guarantee for the sustainable development of Internet market.

Insisting on promoting healthy development is to standardize market main body behavior, maintain market order, investigate and punish network fraud, sell fake and shoddy goods and unfair competition according to law, create a fair development environment for all kinds of market players, seek health in development, seek development in health, and strive to achieve comprehensive, coordinated and sustainable development.

The idea of "two promotion" runs through the "measures".

The first chapter of the measures specifically provides specific and specific provisions for the administration of industry and commerce to promote the development of Internet commodity pactions.

The second and third chapters of the measures include provisions on market access, market main body conduct, protection of legitimate rights and interests of network consumers and operators, self-discipline of industries and enterprises, protection of intellectual property rights such as trademark exclusive rights, and prohibition of unfair competition.

"Two maintenance" means safeguarding the legitimate rights and interests of consumers and safeguarding the legitimate rights and interests of operators.

The consumer trust network market is the foundation of the development of the network market, and the trust network market is the foundation of the development of the network market.

Whether we can effectively protect the legitimate rights and interests of online consumption and protect the legitimate rights and interests of operators are related to the coordinated and sustainable development of the Internet market.

To safeguard the legitimate rights and interests of consumers is to deal with the business relationship between consumers and operators, and strive to create a convenient, safe and secure network consumption environment for consumers. Safeguarding the legitimate rights and interests of operators is to deal with the relationship between operators and maintain fair and equitable business relations among market participants.

Only by earnestly safeguarding the legitimate rights and interests of consumers can the industrial and commercial administration be supported by the masses. Only by earnestly safeguarding the legitimate rights and interests of the operators can the industrial and commercial administration be supported by the market players.

The idea of "two maintenance" runs through the "measures".

2. question: what is the legislative basis of the measures?

Answer: the legislative basis of the measures includes three aspects:

First, the laws and regulations of the state that regulate market economic order.

It mainly includes consumer protection law, contract law, tort liability law, trademark law, anti unfair competition law, product quality law, advertising law, food safety law and so on.

These laws and regulations have established market conduct standards from the aspects of market players, market pactions, market competition, market commodities, and protection of consumers' legitimate rights and interests.

Online commodity trading and related services are the extension of traditional commodity trading and related services in the network, and are also regulated by the existing laws and regulations of the state to maintain market economic order.

Second, the State specifically standardizes the laws and regulations of the network economy.

Mainly include the electronic signature law, the State Council's "Internet information service management measures" and so on.

Third, the new "three fixed" plan of the State Administration for Industry and Commerce approved by the State Council.

In July 2008, the State Council approved the issuance of the new "three fixed" plan of the State Administration for Industry and commerce, which clearly stipulates that the State Administration for Industry and commerce is responsible for supervising and managing network commodity pactions and related services.

3. question: what are the main contents of the "measures"?

Answer: the measures are divided into six chapters and forty-four articles. The main contents are:

The first chapter mainly includes the legislative basis, legislative purposes and principles, the objects of legislative adjustment, the principles of operation of network commodity operators and network service operators, the responsibilities and tasks of the administrative departments for Industry and commerce to promote the development of online commodity pactions and related services, as well as the contents of self-discipline.

The second chapter mainly stipulates the norms of online commodity trading and related services.

The contents of the standard cover the whole process and links of network commodity paction and related services.

The main contents include market access, commodity access, paction information, paction contract, paction evidence, paction competition, the right to exclusive use of registered trademarks and the right of enterprise name, and the protection of rights and interests of consumers and operators.

The third chapter mainly stipulates the obligations and responsibilities of operators providing network paction platform services.

The main provisions of the provision of network trading platform operators in the platform trading main body access, commodity access, paction information inspection and monitoring, use, preservation, registered trademark exclusive rights, enterprise name rights and other rights protection, operator's business secrets and consumer personal information protection, consumer rights protection, network platform service contract signed, network platform rules and regulations, to assist the industry and commerce administration departments to investigate and punish network obligations and responsibilities.

At the same time, the contents of encouraging, promoting online trading platform, establishing consumer rights protection and trading credit evaluation service self-regulation system were also formulated.

The fourth chapter mainly stipulates the supervision and management responsibilities of online commodity trading and related services.

First, the responsibilities and division of labor of the administrative departments for Industry and commerce at all levels are stipulated; two, the basic modes of supervision of network commodity pactions and related services by the administrative departments for Industry and commerce are stipulated; three, the jurisdiction of network violations is stipulated, and according to the principles that are conducive to safeguarding rights and interests and being easy to investigate and punish, the regulations on online commodity trading and related services are regulated by the administrative departments for Industry and commerce at or above the county level where the operators of illegal websites are located. Four, the contents of coordination and cooperation between the administrative departments for Industry and Commerce and the relevant administrative law enforcement departments of the state are stipulated.

The fifth chapter: mainly stipulates the legal liability for violating the "measures".

One is to stipulate violations of the provisions of the measures, and where laws and regulations already stipulate, they shall be punished in accordance with the provisions of laws and regulations; two, it is stipulated that acts violating the provisions of the measures shall be punished in accordance with the provisions of the measures.

4. question: what measures and measures have been stipulated in the measures to promote development?

Answer: service development is the fundamental purpose of the administration of industry and Commerce and the basic requirement of implementing the first priority of ruling and rejuvenating the country.

Promoting the healthy development of online commodity trading is an important measure to expand consumer demand and stimulate economic growth, an important way to pform the mode of economic development, and an important channel to create and expand employment.

Therefore, in the process of formulating the measures, the banner of development has always been held high, and the principle of promoting development and promoting healthy development has been carried out to the "measures".

The Measures stipulate principles, methods and methods for promoting development.

Specifically, it includes the following aspects:

First, formulate and support the implementation of measures and measures to promote the development of the network economy.

The fourth rule of the measures explicitly stipulates that the administrative departments for Industry and Commerce shall encourage and support the development of online commodity trading and related services, and implement more active policies to promote the development of the network economy.

We should improve the overall quality and market competitiveness of network commodity operators and network service operators, and give full play to the role of network economy in promoting national economic and social development.

This provision will promote the development clearly defined as the primary responsibility of the administration of industry and Commerce in the regulation of online commodity pactions.

Second, provide a fair, just, standardized and orderly market environment for Internet commodity and service pactions.

A fair, just, standardized and orderly market environment is the basic guarantee for the healthy development of online commodity trading, and a necessary condition for healthy development.

The fifth article of the measures will provide a fair, just, standardized and orderly market environment for the Internet commodity and service pactions as the basic duty of the industry and commerce administration department to promote development. In the second and third chapters, specific provisions are given to provide a fair, just, regulated and orderly market environment, including standardizing trading behavior, promoting and implementing credit management, advocating and encouraging industry and enterprise self-discipline, safeguarding paction rights and interests, and investigating violations of laws and regulations.

Third, create a safe and secure network consumption environment.

Consumer trust is the foundation of the development of the Internet market, and the trust of the operators is the foundation of the development of the network market.

Whether we can effectively protect the legitimate rights and interests of online consumption and protect the legitimate rights and interests of Internet trading entities are related to the coordinated and sustainable development of the Internet market.

Only by earnestly safeguarding the legitimate rights and interests of consumers can we have a solid foundation for the development only if we earnestly safeguard the legitimate rights and interests of the operators.

Therefore, the measures will protect the legitimate rights and interests of consumers and operators as the basic and systematic measures and measures to promote development. In the second chapter, the third chapter and the fourth chapter, we have made detailed provisions from the aspects of paction qualification, trading commodities, paction information, paction contracts, paction vouchers, mediation methods, ways and procedures of paction disputes.

Fourth, encourage self-discipline.

The orderly and orderly network market is the inevitable requirement of the development of network economy.

The requirement for order produces two different ways of maintaining order, namely, self-discipline and heteronomy, among which operators and industry self-discipline are the foundation.

Only when operators and industries consciously maintain order, can the healthy development of online commodity pactions have a solid foundation.

"Measures" regard operators and industry self-discipline as an important measure to maintain the order of online commodity trading and promote the healthy development of online commodity trading, and actively encourage and advocate operators and industry self-discipline.

First, encourage and advocate industry self-discipline.

The ninth provision of the measures stipulates that we encourage and support network commodity operators and network service operators to set up trade associations, establish network credit system, strengthen industry self-discipline, and promote the construction of credit industry.

Second, encourage and support the self-discipline of online commodity operators and network service operators.

Among them, we should focus on encouraging and supporting operators who provide network trading platform services with self-discipline.

Operators providing network paction platform services are the first responsible persons to maintain order in the network trading platform. They have important responsibilities in checking and monitoring the main entry, commodity access and protection of consumers' legitimate rights and interests.

Operators who provide network commodity trading platform services really assume the responsibility of maintaining the network market order.

Therefore, the "method" takes the self discipline of network trading platform service operators as the key content. In the third chapter, it encourages and supports self-discipline from the aspects of operator qualification examination, commodity and service information inspection and control, consumer rights protection, credit evaluation and disclosure, and gives them corresponding rights and obligations.

5. question: in terms of protecting consumers' rights and interests, what are the methods and measures stipulated in the measures? {page_break}

Answer: protecting consumers' legitimate rights and interests is not only an important guiding principle for formulating the measures, but also one of the main contents of the measures.

According to the characteristics of network consumption, the consumer protection regulations are made from the following aspects: effective identification of the true identity of the network operator, the operation norms of network goods and services, trading contracts, paction vouchers, paction information protection, operators who provide network paction platform services, safeguarding the rights and interests of consumers, obligations of consumers, and complaints handling methods.

Online commodity trading is completed in the process of not knowing and not meeting each other.

Therefore, the important prerequisite for protecting the legitimate rights and interests of consumers is to take effective measures to ensure that the "virtual subject" is restored to the real subject.

Otherwise, the real identities of online trading entities can not be defined, and the rights and interests of all parties will not be defined.

In accordance with the principles of promoting development, safeguarding rights and interests, standardizing order and encouraging self-discipline, the "rules" established the following rules and regulations in the identification management of online commodity trading subjects:

1. A legal person or other economic organization or individual industrial and commercial household registered by the administrative department for Industry and Commerce and receiving a business license may engage in commodity trading and related services through the network. The information published on the main page of the website or in the eye-catching place of the business activity page shall be published by the business license or the electronic link markup of its business license.

Two. Natural persons engaged in commodity trading and related service activities through the Internet shall apply to the operators providing network paction platform services, submit their real name information, such as their names and addresses, and provide operators with network paction platform services to examine and register the real identity information of natural persons who have not yet had the conditions for registration of industrial and commercial registration, apply for the commodities or services provided by the network trading platform, establish registration files, and regularly verify updates, and issue and verify the real and lawful marks of personal identity information, and load them on the webpage where they engage in commodity trading or service activities.

This set of rules can better solve the problem of identifying the authenticity of the main body qualification of the network goods (service) operators in the virtual space. It can protect the "virtual subject" as the real subject, and provide a basic system guarantee for consumers to effectively identify and identify the real parts of the network commodity trading entities and safeguard their legitimate rights and interests.

In terms of the regulation of the operation of network goods and services, the twelfth provision of the measures stipulates that Internet commodity operators and network service operators shall provide goods or services to consumers, and shall abide by the provisions of laws, regulations and rules such as the law on the protection of consumer rights and interests and the product quality law, and shall not harm consumers' legitimate rights and interests.

In terms of network sales contracts, the thirteenth provision of the measures stipulates that network commodity operators and network service operators shall provide consumers with goods or services to consumers, and shall, in advance, explain to consumers the main information such as the name, type, quantity, quality, price, freight, distribution mode, form of payment, and way of refund, etc., and take safety measures to ensure that the paction is safe and reliable, and provide goods or services in accordance with their commitments.

The provision of electronic format contract terms by network commodity operators and network service operators shall comply with the provisions of laws and regulations, determine the rights and obligations of both parties in accordance with the principle of fairness, and adopt a reasonable and significant way to draw consumers' attention to the clauses that are of great importance to consumers' rights and interests, and to explain the provisions in accordance with the requirements of consumers.

Network commodity operators and network service operators shall not make unfair or unreasonable provisions to consumers in terms of electronic form contract terms, or reduce or exempt operators from their obligations or responsibilities, or exclude or restrict the main rights of consumers.

In terms of online consumption vouchers, the fifteenth provision of the measures stipulates that the issuing of purchase vouchers or service documents to consumers by network commodity operators and network service operators shall conform to the relevant state regulations or commercial practices; if consumers agree, they can be issued electronically.

Electronic purchase vouchers or service documents can be used as a basis for handling consumer complaints.

In regard to the protection of personal information of online consumers, the sixteenth provision of the measures stipulates that online commodity operators and network service operators shall have the obligation of safe storage, reasonable use, Limited holding and proper destruction of consumer information collected by consumers.

Unless otherwise stipulated by laws and regulations.

In respect of the protection of consumers' rights and interests that operators of network paction platform services should fulfill, the twenty-fifth provision of the measures stipulates that operators providing network paction platform services shall take necessary measures to protect the safety of data and information related to business secrets or personal information of operators.

The parties may not disclose, pfer, lease or sell the names of the parties involved in the paction, paction records, and other data involving the operator's business secret or consumer's personal information without the consent of the third parties.

The twenty-sixth provision of the measures stipulates that operators who provide network trading platform services should establish consumer dispute settlement and self-regulation system of consumer rights protection.

When a consumer buys goods or receives services on the Internet trading platform, where there is a consumer dispute or his legitimate rights and interests are damaged, the operator providing the network paction platform service shall provide the consumers with the true website registration information of the operators, and actively assist consumers in safeguarding their legitimate rights and interests.

6. question: how does the Measures stipulate the obligations of operators who provide network trading platform services?

A: network trading platform is the place and space for centralized trading of network goods and related services. Whether the trading order of network trading platform is standardized and orderly is directly related to the healthy development of online commodity trading.

In order to maintain the order of online commodity trading platform, the operator who provides network paction platform service is the first responsible person and has important management responsibilities.

To this end, a separate chapter (the third chapter of the measures) stipulates the rights and obligations of operators providing online commodity trading platform services, whose main obligations include the following ten aspects:

I. paction qualification examination, registration and publicity.

The twentieth provision of the measures stipulates that operators who provide network paction platform services shall examine the status of the legal persons, other economic organizations or natural persons who apply for goods or services through the network trading platform.

Operators who provide network paction platform services shall examine and register the real identity information of natural persons who are not eligible for business registration conditions, apply for natural products or services provided by the network trading platform, establish registration files and regularly verify updates.

Issuing and proving the true and lawful mark of personal identity information, loading on the webpage of its commodity trading or service activities.

Two, contractual obligations.

The twenty-first provision of the measures stipulates that operators who provide network paction platform services shall sign contracts (agreements) with operators who apply for entry into the network trading platform to clarify the rights, obligations and responsibilities of both parties in the entry and exit of online trading platforms, quality and safety of goods and services, and protection of consumers' rights and interests.

Three, formulate and implement the management system.

The twenty-second provision of the measures stipulates that operators who provide network paction platform services shall establish regulations and regulations for online trading platforms, including rules and regulations for paction, paction security, consumer rights protection, and bad information processing.

Four, paction goods or services, paction information inspection and monitoring.

The twenty-third provision of the measures stipulates that operators who provide network trading platform services shall establish inspection and monitoring systems for operators or service providers who provide goods or services through the network trading platform, and find violations of laws, regulations and rules of industrial and commercial administration. They should take timely measures to stop them and stop providing network paction platform services to them if necessary.

Five, the protection of the right to exclusive use of registered trademarks and the right to name of enterprises.

The twenty-fourth provision of the measures stipulates that operators who provide network paction platform services shall take necessary measures to protect the rights of exclusive use of registered trademarks and the right of enterprise names, etc., and shall have the necessary evidence for the rights holders to prove that the operators in the network trading platform have infringed upon their rights of exclusive use of the registered trademark, the right of the enterprise's name, or the unfair competition that infringes their legitimate rights and interests, and shall take necessary measures in accordance with the tort liability law.

Six, operator's business secret and consumer's personal information protection.

The twenty-sixth provision of the measures stipulates that operators who provide network paction platform services shall take necessary measures to protect the safety of data and information related to business secrets or personal information of operators.

The parties may not disclose, pfer, lease or sell the names of the parties involved in the paction, paction records, and other data involving the operator's business secret or consumer's personal information without the consent of the third parties.

Seven, consumer rights and interests protection.

The twenty-sixth provision of the measures stipulates that operators who provide network trading platform services should establish consumer dispute settlement and self-regulation system of consumer rights protection.

When a consumer buys goods or receives services on the Internet trading platform, where there is a consumer dispute or his legitimate rights and interests are damaged, the operator providing the network paction platform service shall provide the consumers with the true website registration information of the operators, and actively assist consumers in safeguarding their legitimate rights and interests.

Eight, stop illegal activities, report, assist and cooperate in investigating and dealing with illegal activities.

The twenty-third provision of the measures stipulates that operators who provide network trading platform services should report to the local administrative departments for Industry and commerce when they find that there are violations of laws and regulations governing industrial and commercial administration in the network trading platform.

When the administrative department for Industry and Commerce discovers that there are violations of laws, regulations and rules in the network trading platform, the operators who provide the network trading platform services according to law shall take measures to stop them. Operators who provide network paction platform services shall cooperate with them.

The twenty-eighth provision of the measures stipulates that operators providing network paction platform services shall actively assist the administrative departments for Industry and Commerce in investigating and dealing with illegal business activities on the Internet, providing information on registration information and paction data backup of operators engaging in illegal operations in their online trading platforms, and shall not conceal the real situation, nor refuse or obstruct the inspection of administrative law enforcement.

Nine, paction information preservation.

The twenty-ninth provision of the measures stipulates that operators providing network paction platform services shall examine, record and preserve the network commodity pactions and related service information contents and their publishing time on their platforms.

The record of the business operator's license or personal real identity information shall not be less than two years from the date of the registration and cancellation of the operator on the network trading platform, and other records of the paction records shall be recorded and backed up and kept for a period of not less than two years from the date of completion of the paction.

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Ten, statistical submission.

The thirtieth provision of the measures stipulates that the operators who provide network paction platform services shall regularly submit statistical data to the local industrial and commercial administrative departments on the basis of the provisions stipulated by the State Administration for Industry and commerce.

7. question: what are the responsibilities of the Administration for Industry and Commerce in supervising network commodity pactions?

Answer: the "Regulations" stipulate that the supervision responsibilities of the Internet business pactions of the industrial and commercial administration departments include the following aspects:

First, promote development.

To promote the healthy development of online commodity and service pactions is the first priority for the administration of industry and Commerce in the regulation of online goods and services pactions.

Only by fully serving the scientific development can the industrial and commercial administration play its full role.

To this end, the fourth provision of the measures stipulates that the administrative departments for Industry and Commerce shall encourage and support the development of online commodity trading and related services, and implement more active policies to promote the development of the network economy.

We should improve the overall quality and market competitiveness of network commodity operators and network service operators, and give full play to the role of network economy in promoting national economic and social development.

Two, standardize behavior, that is, regulate network commodity trading and related services.

According to the "Regulations", the main body of regulation is the behavior of network commodity operators, and the two is the behavior of network service operators.

The contents of the regulation include paction information, paction contract, paction information, paction mode, paction procedure, paction credit, paction mode, paction interest, paction voucher, paction competition, trading platform specification and so on.

Through standardizing behavior, we can achieve the goal of promoting the healthy development of online commodity and service pactions.

Three, protection of rights and interests.

Consumer trust is the basis for the development of online goods and services pactions, and the trust of operators is the foundation for the development of online goods and services pactions.

Only by earnestly safeguarding the legitimate rights and interests of online consumers can online commodity pactions be sustained, coordinated and healthy.

Only by earnestly safeguarding the legitimate rights and interests of online consumers can the industrial and commercial administration be supported by the masses.

For the contents, procedures and ways and means of the protection of consumers' rights and interests by the administrative departments for Industry and commerce, the detailed and specific provisions are made in different aspects in the second, third and fourth chapters respectively.

Four, investigate and punish illegal activities and maintain market order.

Timely and forceful investigation of illegal activities in network commodity and service pactions is an important guarantee for the healthy development of online commodity and service pactions, and an important foundation for creating a favorable environment for the development of network market.

Therefore, it is an important duty of the industry and commerce administration departments to promptly and effectively investigate the illegal activities of online commodity trading and service pactions, and test the implementation of the responsibilities of the administrative departments for Industry and Commerce in promoting development, regulating behavior and protecting rights and interests from another aspect.

8. question: what regulatory measures and means will be implemented by the Administration for Industry and Commerce in the regulation of online commodity pactions?

Answer: according to the regulations and requirements of the "measures", the administration of industry and Commerce will mainly implement three regulatory measures in the supervision of online commodity trading and related services.

I. credit supervision

The main bottleneck that restricts the development of online commodity trading is the lack of credit system.

Therefore, to seize the credit supervision has grasped the key to standardize and promote the development of the network market, and has grasped the key to maintaining the order of the network market.

The "regulation" regards credit supervision as the main regulatory measure and means. The thirty-third provision stipulates that the administrative departments for Industry and commerce above the county level shall establish credit archives, record the results of routine supervision and inspection, investigate and punish illegal acts, and carry out credit classification supervision over online business operators and network service operators according to the records of credit records.

Two, network information supervision

Network commodity paction is a new type of trading activity and method produced by the application of network information technology. In order to supervise the network commodity paction, we must firmly grasp the link of network information technology, rely on network information technology and take network information technology as the means, and strive to achieve the goal of "network management network".

The regulation of the Internet industry will be based on the Internet information technology, and the supervision measures and means of the network will be fully implemented.

Three, national integration supervision

There are no geographical restrictions on the paction of network goods and services. In the past, the regulatory measures and methods with the characteristics of territorial jurisdiction and hierarchical jurisdiction have not fully met the requirements of network pactions. We must take the network information as the means and support, implement the national network integration supervision, and achieve the regulatory target through the national integrated supervision measures and means.

At present, the administrative departments for Industry and commerce, in line with the requirements of the unified organization to develop network monitoring information systems and platforms, and the unified organization to develop supervision software, are fully promoting the work of network supervision information system and platform construction. After three years or so, we have set up a nationwide network supervision information system and platform with integrated, unified, integrated functions and up and down links, laying a solid foundation for promoting the development of service network economy, safeguarding the legitimate rights and interests of operators and consumers, and standardizing the order of network market.