What Is The Biggest Fear Of "Chopping Hands"? The Draft Electricity Supplier Law Is About To Go Public.

As we all know,

There is a certain risk, because the legal system is not too perfect.

The safety factor is the concern of the people. Yesterday morning, the "network regulation optimization project" seminar was held in the Law Press. It is understood that the draft of our country's electronic commerce legislation is expected to be completed within the year.

According to reliable news, consumers are familiar with it.

The platform rules of the three party, such as Tmall, Jingdong and suning.com, will be used as an important reference for legislation, and some rules are expected to be directly incorporated into the legislation.

From the National People's Congress finance and Economic Commission, the General Administration of industry and commerce, the Ministry of Commerce, the development and Reform Commission and other government departments, the China Consumer Association, the China Electronic Commerce Association, the China Internet association and other trade associations, experts from Peking University and China University of Political Science and Law jointly pointed out that the principle of social co governance is the most common understanding of the electricity supplier legislation. It has been very clear that the public evaluation mechanism initiated by Taobao and attracting social forces to jointly manage paction disputes on the platform is the direction and trend of the future electronic commerce law.

Taobao four kinds of network regulation escort "chopped hands party"

Network regulation is the platform rule. It is a set of network market governance measures which are explored by e-commerce enterprises and based on practical experience.

Compared with other social norms, network regulation is a new thing. Even as the leader of e-commerce in China, Taobao system construction network regulation is only less than 10 years.

In 2009, at the first China Internet business conference, Ma Yun, chairman of the board of Alibaba group, mentioned that "five years of pushing net goods and five years of pushing net regulations".

Regarding this, Alamu J, director of the network regulation research center, thinks that this statement basically illustrates the development logic of the network regulations. "First there is e-commerce, and then there is network regulation. The platform is in order to adapt to the development of e-commerce, and it is a dynamic historical process."

Until today, a complete set of rules has been set up in China's e-commerce platform represented by Taobao.

These platform rules play a positive role in maintaining and ensuring the fast and stable development of the network market.

For example, the existing Taobao rules are divided into four categories: admission rules, marketing rules, trading rules and punishment rules.

Basically, it covers the handling rules that may encounter problems in the whole process from registration to paction completion, thus supporting the huge trading system of the Taobao platform and ensuring that the 367 million "chopper party" can buy and buy smoothly and safely.

Some of the governing measures in the Taobao rules adapted to the characteristics of the Internet market, such as the "consumer protection fund system", "credit rating" and "store rating", have been adopted by the major e-commerce platforms and become the industry practice.

In terms of consumer protection, many creative practices of the Taobao rules include honest consumer first payment, SELLER compensation, insufficient platform payment, delayed delivery compensation, Tmall merchandise fake five, platform buying mystery sampling quality, and so on, and have also been recognized by industry and regulatory authorities.

In addition, Tencent's copyright self-protection system and customers' no reason to return the goods within 30 days are all rules and measures that are highly praised by consumers and users.

Director of Complaints Department of China Consumer Association

"Third party platform network regulatory system is a summary of many years of experience, or relatively perfect, which is the platform for normal operation and development of the necessary foundation.

Among them, the first compensation, buyers and sellers self reconciliation and other content is also encouraged and advocated by the regulatory authorities.

People concerned at the SAIC's Consumer Protection Bureau said at the seminar.

Zhang Dezhi, deputy director general of the China Consumer Association and Zhang Jianxian, deputy director general of the China Consumer press, pointed out that the formulation and improvement of the network regulations can draw lessons from the experience of the line, and the consumer disputes should also be absorbed under the line.

"Take the Consumer Association, we are very willing to share experiences with the e-commerce platform, improve the rules together, and make the market more standardized.

In fact, the electronic commerce platform has played a very important role in purifying the market. Sometimes this kind of action can not even be done in administrative enforcement and judicial decisions, because it is really carried out in an open and pparent environment, so that the weak can also be protected at the lowest cost. "

E-commerce legislation draws on the essence of network regulations

The experts agreed that the three party platform rules of Taobao played a leading role in promoting sustainable and healthy development of e-commerce, and it was the crystallization of the wisdom of a generation of e-business people.

E-commerce legislation should regard the existing third party platform rules as an important reference and draw on the essence of it.

In fact, last year, the "Internet paction management measures" promulgated by the SAIC has absorbed and adopted many systems, such as the consumer protection fund in the Taobao rules, the operator's examination and inspection, the credit evaluation, the platform mediation for disputes, the publicity and notification for the change of rulemaking, and so on.

Many experts pointed out that Taobao's rules of "house of Representatives" in the rulemaking process, as well as the public review mechanism in dispute settlement procedures, are very innovative attempts, which is worth learning from legislation.

According to the introduction, Taobao's rule "house of Representatives", which absorbs experts, scholars, public prosecutors, arbitrators, consumers, etc. as members of the house of Representatives, can represent the interests of sellers and buyers respectively, and put forward opinions on the formulation and revision of rules, so as to ensure that rules fully absorb each side's views and be more fair and impartial.

The public review mechanism is composed of senior buyers and sellers. Under the rules of Taobao, it helps the platform determine paction disputes.

Since its launch in December 2012, Taobao's "chopper party" has applied for more than one million people, and has made more than 30 million decisions on safeguarding rights.

Hu Gang, Secretary General of China Internet Association Research Center: good rules can not stay within the enterprise

Yao Zhiwei, director of the Law Research Institute of Guangdong University of Finance, thinks that the Internet regulation is legally recognized, which is very similar to the evolution of commercial law.

Xue Hong, director of the Internet policy and law research center of Beijing Normal University, believes that the rule is an experiment of the law, and the third party platform has come up with some effective norms, which can be absorbed by the legislative departments in the future and become the norm of guidance.

Shi Yuzhi, deputy director of the Research Office of the finance and Economic Commission of the National People's Congress, who is participating in the drafting of the draft electronic commerce law, said that the principle of social co governance is the most common understanding of the electricity supplier legislation. It has been very clear that Taobao's attempt to attract social forces to participate in platform governance is the direction of the future electronic commerce law.

According to Hu Gang, Secretary General of China Internet Association Research Center, China's Internet industry should learn to export rules.

"Good rules can not only stay within the enterprise, but also as much as possible to form industry consensus, and even the industry's written norms.

For the government, we should not only attach importance to these rules, but also encourage enterprises to actively export rules to the world.

Experts suggest that the government should focus on supervision afterwards.

There are public opinion that the network regulation is mostly unilaterally formulated for the electronic business platform, and it is difficult to ensure its independence and impartiality. Therefore, the government should intervene strongly and put the network regulation into supervision.

Experts also discussed this point.

Chen Jihong, deputy director of the information network business committee of the National Bar Association, believes that under normal business environment, the government does not need to intervene, because the platform itself has the mechanism of self purification and optimization. Under the condition of full competition in the market, if a platform network is unreasonable, consumers will vote with their feet.

For the sake of development needs, the platform will try to balance the interests of all parties and make the network regulations more reasonable.

Zhao Peng, associate professor of the government of the rule of Law Research Institute of China University of Political Science and Law, agrees that the purview of network regulations should be mainly based on platform autonomy. The government is responsible for providing a border based framework with a focus on supervision after and after the event.

Yao Zhiwei, director of the Law Research Institute of Guangdong University of Finance, observed that there is a very serious paradox about the responsibility of platforms. On the one hand, the platform is neutral and the less it is done, the better the supervision department gives the platform too much responsibility, so that the platform has to increase control, and the more control it is, the easier it is to lose neutrality.

"The regulatory authorities should be cautious in thinking about when to intervene in management and when to give it to the market."

However, some experts have suggested that the third party platform rules should be formulated, implemented and interpreted, so it is difficult to raise doubts.

They made suggestions in their speeches: we hope that the platform will introduce social forces to enhance neutrality in all aspects of rulemaking, auditing, interpretation and arbitration.

For example, Taobao's "house of Representatives" system, if we can continue to improve and introduce more social forces to participate in the formulation of rules, can be considered in the promotion of the whole industry.

According to Shi Yuzhi, based on the legislative purpose of "promoting development, standardizing order and safeguarding rights and interests", the legislative group has made clear the two principles of electric power legislation: the principle of minimum intervention by the government and the principle of social co governance.