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Electric Business Research Center Commentary On "Network Paction Management Measures"

2014/2/19 17:57:00 20

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E-Commerce Research Center "Network Paction Management Measures"Network Pactions

1, event background /p >

a few days ago, the state "a href=" http://www.91se91.com/news/index_c.asp "> the General Administration of industry and Commerce < /a > issued the" network paction management measures "(hereinafter referred to as the" measures "), and will be formally implemented in March 15, 2014.

This means that after that, consumers will have more legal protection for online shopping.

in which, "seven days no reason to return" this provision has become the focus of widespread concern of the electricity supplier industry, online shop buyers, online shopping users.

In line with the provisions of the law on the protection of consumer rights and interests, which will be implemented in March 15th, the "seven days no reason to return goods" has both legal basis and administrative rules and regulations.

the "Regulations" also stipulates that the obligations of the third party trading platform should be clearly defined; the jurisdiction of the network paction disputes; consumers' online shopping products can be returned without reason within seven days from the receipt of goods; celebrities, celebrities, network "big V" and so on are promoting the products and so on, so we should disclose their nature truthfully.

Relevant data

> according to the monitoring and statistics of China Electronic Commerce Research Center (100EC.CN), in the first half of 2013, only "China's e-commerce complaints and rights protection public service platform" received complaints from nearly 41360 e-commerce users from all over the country.

< > according to the 2013 < < a href= "http://www.91se91.com/news/index_c.asp > > e-commerce > /a > user experience and complaint monitoring report", it shows that after sale service, refund problem, false promotion, replacement of goods, network fraud, delay in shipment, quality problems, online sales, cancellation of orders, and energy saving subsidies are the ten major online shopping hotspots in 2013.

Among them, the problem of "returned goods" accounted for 7.9% of the total complaints.

according to the monitoring data of the China Electronic Commerce Research Center (100EC.CN), in a survey of service status of 11 well-known electric companies in Taobao, Tmall, Jingdong mall, Amazon China, Yi soon network, suning.com, Dangdang, No. 1, van Geshi, Gome, vip.com and so on, up to 58.10% of the respondents were not satisfied with the replacement service. 54.15% of the respondents thought that the after-sales service of the e-business enterprises was difficult to guarantee, and 50.28% of them were directly dissatisfied with the after-sales service of the e-business.

analyst opinion /p >

in order to more comprehensively analyze the impact of the measures on consumers and electronic business operators and the problems that need to be paid attention to, the China Electronic Commerce Research Center analyst and a number of special researchers, professional electrical lawyers published this comment (more expert comments, please pay attention to WeChat public account number: i100EC), for consumers and business people.

the special researcher of China Electronic Commerce Research Center and Beijing Huicheng Law Firm Zhao occupation lawyer thinks:

- "7 days without reason to return" is not perfect enough, there is still controversy!

there is no denying that for consumers, the "7 days no reason to return" can avoid being unable to remedy the information due to asymmetric information or impulsive consumption in the off-site shopping situation, and is also conducive to protecting consumers' rights and interests.

For businessmen, the system greatly improves consumer confidence and helps promote the long-term development of online shopping.

but there are still some problems in the < a href= "http://www.91se91.com/news/index_c.asp" > < /a >. There may be some controversies in implementation:

1, "no return" lacks the standard of judgement.

The seven day no reason return system is not applicable to four categories of commodities, and there is a bottom line provision, that is, according to the nature of the commodity and the goods that consumers do not confirm when they are purchased, it is not reasonable to return them unreasonably.

However, "no return" lacks the standard of judgement, and even who has the right to judge is not clear.

In practice, the electricity supplier website may not have a clear judgement standard or set its own standards. In the two case, consumers and e-commerce sites are very likely to be controversial.

2, accident damage liability is difficult.

The legislation is aimed at consumers' reasons that do not support unwarranted return when goods are not in good condition, but the damage caused by logistics links is not related to consumers, so it is difficult to support consumers' return.

But whether it is logistics, sellers or consumers causes the commodity to be difficult to judge and is likely to cause controversy.

3, malicious return to increase operating costs.

The seven day no reason return system is easy to be exploited by individual malicious consumers or competitors.

In order to restrict the consumers, the system stipulates that the freight for returning goods shall be borne by the consumers.

However, such restrictions do not have much effect on malicious consumers, especially those supported by competitors.

After the implementation of the measures, it is very likely that there will be malicious returns, which will increase operating costs and even affect the normal sales of specific commodities.

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punishment intensity is not enough, or increase the cost of safeguarding rights

the introduction of the measures has certain significance for standardizing network pactions.

However, the punishment for the network operators and related personnel is not large enough, and it does not necessarily have enough deterrent effect.

for example, illegal technological attacks on competitors' websites or web pages cause competitors to be unable to operate normally. According to the fourth chapter fifty-fourth of the measures, the penalty amount is 1-3 yuan.

Considering the huge volume of pactions of some websites, the punishment provided by the measures is not likely to play a role.

in addition, the thirty-seventh article of the "measures" requires that micro-blog and other social media provide paid reviews, which should be truthfully disclosed. However, the "measures" do not specify clearly what legal responsibilities are needed if not disclosed.

because of the shortcomings of the measures itself, consumers or operators should safeguard their legitimate rights, and also need to comply with other laws and regulations, such as contract law, consumer protection law, anti unfair competition law and Tort Liability Act.

Of course, this will also increase the cost of safeguarding the rights of consumers or operators.

> Yao Xiaojuan, a special researcher of China Electronic Commerce Research Center and lawyer of Zhejiang Tian Bao law firm, said:

- the "Regulations" stipulate that there is not enough electricity supplier or drill "empty" .

no doubt that it is good news for consumers to enjoy the right to return goods for seven days without the provisions of the state and the parties concerned.

But any good law lies in the actual implementation.

"Seven days no reason to return" may face some practical problems in the actual operation, such as "how to determine the return commodities should be good" in the "method", and so on, may cause disputes.

For this part, e-commerce platform operators or network operators may make further detailed explanations of the deficiencies, or are not conducive to the protection of consumers' rights and interests.

for this reason, Yao Jianfang, assistant analyst of law and rights and interests Department of China Electronic Commerce Research Center, thinks:

- guard against malicious "low cost return" resulting in waste of logistics

the so-called "7 days no reason to return" means that the consumer has the right to return the goods within seven days from the date of receipt of the goods, and without any reason, the freight returned to the consumer shall be borne by the consumer.

But consumers' customized, fresh and perishable, digital goods and other special commodities are not applicable.

the setting of "regret right" in online shopping is undoubtedly more advantageous than disadvantages in the standardization development of network economy.

But consumers only need to undertake the return freight, so that they can return the goods within the regulations, which can easily cause consumers to habitually return goods, and even consumers or competitors "malicious returns", which will inevitably increase the cost of the operators, and also cause the waste of logistics in the circulation field.

expert advice /p >

how to avoid the problems that may be caused by the "7 days no reason to return" in the "measures", the research fellow of the China Electronic Commerce Research Center and Zhao Cheng of Beijing Huicheng Law firm gave the following suggestions:

1, e-commerce website, first of all, according to the characteristics of its products, it is clear to apply and do not apply the "seven days no reason to return" product range, and prompts in the purchase link, not only in user agreement or return policy.

2. In order to avoid disputed "good goods" when returning goods, if logistics is built on their own, consumers should be allowed to sign a "prior post".

If the third party logistics, the contract should be agreed to allow consumers to sign a priori.

At the same time, consumers should improve their awareness of inspection.

to prevent sellers or competitors from returning goods maliciously, it is necessary to establish a "malicious" judgement standard in advance, for example, buying a product in a continuous manner for several times in a specified time has no reason to return; for certain low price products of promotion, it can restrict the purchase quantity of a single buyer and prevent malicious purchases and returns.