Cross Border E-Commerce Requires "Light" Legislation And Heavy Supervision

With the importance of e-commerce in the development of the national economy, the legal provisions that match it have already been revealed.

Uritu, vice chairman of the finance and Economic Commission of the National People's Congress, said yesterday that the legislative work was officially launched at the end of 2013.

The law has been included in the five annual legislative plan of the twelve National People's Congress, and a draft law has been formed.

In view of the frequent occurrence of fake and shoddy and false discount in the development of e-commerce in recent years, Wu said that the joint and several liability issues of electronic business platform and the protection of data information will be regulated through legal form.

Platform accountability is the key to defining identity.

According to a report released by China Consumers Association on the eve of "double 12", in the 93 "double 11" marked goods with relatively large discount, 32 of them can still be purchased at the price of "double 11" on the eve of "double 12".

"Fake discount", fake and shoddy and other phenomena are common. On the one hand, because of the lack of integrity of businesses, on the other hand, as a carrier to undertake various electricity suppliers and online stores, the electronic business platform is also to blame.

In this regard, Wu said that some of the new problems encountered in the development of e-commerce, such as the responsibility of the platform for electricity providers, need to be regulated by law.

The implication is nothing more than that the electronic commerce act, which has already been drafts, will provide more detailed rules for the accountability mechanism of the e-commerce platform.

Hong Tao, director of the Institute of Business Economics of Beijing Technology and Business University, told reporters that there are two kinds of electronic business platforms. One is Taobao's platform that only provides platform services. The other is platforms such as Jingdong, which have self operated plates, but also provide services to some businesses.

But no matter the former or the latter, the platform charges a certain fee while providing services. From the perspective of power and responsibility, the platform of electronic commerce should be the first person responsible for the problem of trading.

"The platform has a set of screening mechanisms for businesses and commodities, and if there are any problems with the screening of businesses and commodities, the platform is bound to shoulder responsibilities."

Hong Tao said.

Xue Jun, a professor of Peking University law school and a member of the drafting working group of the e-commerce law, said that the responsibility of the platform should be defined according to the degree of participation and identity of the network paction intermediaries.

"If the consumer finds that there is a problem with the goods and asks for goods under the platform, or when the shop is closed, the platform should actively fulfill this obligation. In this case, the platform can be exempt from liability in principle.

But if the platform participates in pactions in some way, such as advertising recommender, then the responsibility of the platform should be increased accordingly.

Xue Jun said.

Information protection depends on both source and supervision.

In the era of big networks and big information, users' personal privacy is often hard to protect. Online shopping and Hai Tao are the main channels for personal information leakage.

How to protect consumers' personal information in the face of overwhelming, unknown sources of spam and potential fraudulent risks?

In fact, in view of the issue of consumer privacy leakage, relevant laws and regulations have been promulgated in China.

Last year, "3. 15" was formally implemented by the State Administration for Industry and Commerce on the penalties for infringement of consumer rights and interests.

It is stipulated that operators who disclose, sell or illegally provide personal information to others will be punished.

Regarding this, Chen Xingying, vice chairman of the CPPCC National Committee and deputy director of the Jiangsu Provincial Committee of the Kuomintang and vice president of Hohai University, suggested that the management of data sources should be strengthened.

He said that we should make full use of big data, cloud computing and other technologies to set up an electronic commerce regulatory platform and database, and establish a real name authentication system for organization codes and personal identification cards.

In addition, he also encouraged the three party organizations such as trade associations to publish the professional credit evaluation of the brand and the electricity supplier of e-commerce, and use word-of-mouth and credit to form an ecosystem of honest pactions.

Hong Tao suggested that in addition to personal information encryption for consumers, information on commodity quality, business dishonesty and consumer rights protection involved in the process of e-commerce pactions should also be disclosed, exchanged and shared in a timely manner, forming multiple supervision to jointly protect consumers' personal information security.

In fact, the industry has been calling for speeding up the legislative process of the personal information protection act.

But in Xue Jun's view, we can make full use of the legislative opportunity of the electronic commerce law to standardize and clarify the main issues involved in the protection of personal information, which can also provide experience and preconditions for the formulation of the personal information protection law.

When it comes to e-commerce, we have to mention cross-border electricity providers.

In fact, in the draft electronic commerce law, there is a section devoted to cross-border electricity providers.

However, many industry experts interviewed by reporters said that the legislation for cross-border electricity providers should not be too meticulous, and a series of principles should be worked out.

Xue Jun believes that because the cross-border electricity supplier involves too many departments, it is a framework to identify some coordination mechanisms through law.

"The level of e-commerce legislation is relatively high, it is unlikely to be too detailed, and in terms of cross-border electricity providers, we need more coordination among customs, taxation, inspection and quarantine departments."

Xue Jun said.

"As the development of cross-border electricity providers is changing rapidly, there is no definite path to innovation and change."

Zhao Ping, an expert member of the e-commerce Expert Advisory Committee of the Ministry of Commerce, said that precisely because of this, the formulation of laws in this area can not be particularly forward-looking.

In contrast, in order not to impose heavy shackles on cross-border electricity providers and encourage cross-border electricity providers to develop independently, the corresponding laws should stipulate some principled problems as much as possible, since the purpose of controlling and binding can also be achieved through post supervision.

In Hong Tao's view, the legislation on cross-border electricity providers should not only focus on the domestic market, but also the docking and adaptation of relevant international laws.

"Cross border electricity providers often involve bilateral and multilateral businesses.

Therefore, the new law can not conflict with the existing laws in substance, but also strictly enforce the laws and rules commonly used in international trade.

Hong Tao said.