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Network Retail Management Legislation Is Expected To Clarify The Responsibility Of Trading Platform

2011/10/24 11:03:00 23

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Network Retail Management Legislation Trading Platform Responsibility

Network retail management legislation is expected to clarify the responsibility of trading platform
Participate in the drafting and discussion of online retail management regulations, experts analyze "new regulations"

Interlocutors

Alamus, deputy director of policy and Law Committee of China Electronic Commerce Association

One side is pushing the new rules to comb. network environment To promote e-commerce spanformation of the network trading platform, one side is facing the pressure of cost, calling it "can not afford to hurt" small sellers. Originally interdependent and interdependent. Electronic Commerce Both sides of the platform recently staged a show. network "Secret war" - Taobao small business siege.

On October 19th, Shen Danyang, spokesman of the Ministry of Commerce, said that the fundamental reason for the Taobao incident was mainly due to the weak legal basis of China's network management at present, the lack of laws in the field of online retailing and the imperfect supervision system. Therefore, the Ministry of commerce thinks that we should speed up the construction of legal management system for online retailing.

What will be the impact of the regulations on online retail management? What will be the impact of the introduction of the regulation on China's e-commerce development? On these issues, the Legal Daily reporters and alamusi, deputy director of the policy and Law Committee of the China Electronic Commerce Association, participated in the drafting and discussion of Online retail management regulations.

Standardization of network spanactions needs to be improved

Reporter: Taobao's "Besieged City" crisis has basically subsided, but behind this Internet incident, discussions on the spanformation of e-commerce in China are continuing. What do you think of these problems?

Alamu J: the Taobao "Besieged City" incident involves two levels of problems:

The first is price conflict. Taobao and Taobao sellers belong to contractual relationship. The increase of service fees and margin of Taobao has made some sellers unacceptable, which has caused some sellers' objection. However, some sellers oppose the way is not desirable, and even the individual seller's behavior is illegal. However, it needs to be clear that even if the regulations on online retail management have been promulgated, there can be no interference in the price relationship of such contractual relations, because this does not fall within the scope of government regulation.

The second is the issue of network regulation which is closely related to the regulation of online retail management.

Reporter: "network regulation" refers to the laws and regulations related to the Internet?

Alamu J: the generalized "network regulations" are laws and regulations, so long as they involve the Internet, they can be called "network regulations". The narrow sense of "network regulation" refers to the rules formulated by the private sector. The third party trading platform, in order to manage merchants (sellers) in a specific scope, is relatively weak in terms of contractual relationship.

Reporter: Taobao's "Besieged City" incident involves Taobao's own network rules governing sellers, such as credit evaluation, consumer protection fund, shop rating, no reason to return goods, etc., should be a narrow sense of "network regulation".

Alamu J: that's right. In this event, Taobao has raised the threshold of these network regulations, and is more strict with sellers, such as zero tolerance of counterfeit goods. If we find a fake store, we must take measures such as closing stores. In addition, the return from the seller to Taobao is also linked to the store's score. The store's score reaches 4.3 points before the deposit can be refunded. These network regulations show that Taobao has higher requirements for sellers' integrity, consumer protection and standardization.

This is another aspect of Taobao's "Besieged City" incident, but people's understanding of this level is not enough. What people see now is mainly the rise of prices and the dissatisfaction of sellers and businesses.

I think it is very positive and necessary that the problems displayed on the network regulation level. There are more and more businesses on Taobao. At present, it has exceeded 6 million. In this case, the standard of Taobao will definitely increase. At this point, businesses will have to start stratification. If they do well, they will be rewarded. The bad ones may be marginalized, which is unavoidable in the development of e-commerce. Such stratification is not related to price, and this trend of stratification should be supported and encouraged. Because only in this way can our e-commerce market be more standardized so that consumers can get better service and better protection of their rights and interests.

E-commerce needs urgent legal regulation

Reporter: is the online retail regulation being drafted to adjust the level of network regulation?

Alamu J: at present, the development of e-commerce in China is indeed lacking in the laws and regulations such as the regulation of online retail management. There are some links between online retail management and consumer protection, consumer margin usage, business integrity and credit system.

Reporter: is it possible to understand that the rules will rise to the level of laws and regulations in some narrow sense?

Alamu J: in this case, Taobao has made some regulations on network regulation, though it has positive significance, but conversely, it is precisely because these Provisions are not state laws and regulations that lead to insufficient executive power. If they rise to laws and regulations, they will be greatly improved in terms of protection, implementation and enforcement, which is conducive to the standardization of e-commerce market.

Reporter: the regulations have been put on the agenda. Is it clear that China's e-commerce has come to a period of urgent legal regulation?

Alamu J: Yes. China's e-commerce, especially online retailing, has been growing faster since 2008. It is growing rapidly in terms of volume, number of participants, the number of problems and complexity. At present, China's e-commerce is facing the problems of network privacy, the recognition and protection of e-commerce integrity system from the legal level, the safety of consumers' funds, the standardization of logistics in distribution links, and the security of online payment. Originally there was no decent e-commerce law, and the related consumer protection law and Tort Liability Act were only incidentally involved in the field of e-commerce. Therefore, the necessity of formulating regulations on online retail management is highlighted.

"New regulations" will clarify the responsibilities of departments

Reporter: what are the main aspects of online retail regulation?

Alamus: third party trading platform access, consumer protection, including group buying market norms will be involved.

The third party trading platform in e-commerce is a relatively unique subject. Strictly speaking, the third party platform is not a thing to sell, but to provide a carrier for spanaction services. At present, the access and responsibility of the third party trading platform are not very clear. Although the tort liability law stipulates the relevant content, it is not directly directed against e-commerce, but there are still some problems in application. Therefore, it is very necessary to define the access and responsibility of the third party trading platform through the regulations of online retail management regulations.

In addition, from the consumer protection level, although the consumer rights protection law also involves some related contents, there are still some special needs and situations that need to be standardized.

Reporter: according to the spokesman of the Ministry of Commerce, the regulation of online retail management will further clarify the management responsibilities of the departments concerned. How is the performance of relevant departments?

Alamu J: there are many government departments involved in e-commerce. It is necessary to clarify the responsibilities of various departments, such as commerce, industry and commerce, industry and letters, etc. The division of responsibilities of the Department is also reasonable, but these responsibilities will be further clarified by online retail management. Take online selling medicine as an example, from advertising, culture, virtual property to public safety, there are many departments involved, which are close to 20 departments, and there may be low efficiency in cross sectoral coordination.

Reporter: at what stage of the drafting of the regulations on online retail management?

Alamu J: from the first half of this year, the Ministry of Commerce has organized experts, scholars and insiders to discuss and draft the online retail management regulations. The next step is to discuss the relevant issues at the level of the State Council.