Electricity Supplier Law Enforcement Of Cross-Border Electricity Supplier Rules To Be Clear
The electronic commerce act of People's Republic of China, which was officially implemented in January 1, 2019, is the first comprehensive law in the field of electric business in China, attracting widespread attention from the market.
Specifically to the cross-border electricity supplier with trillion yuan market, Lv Youchen, a special researcher of the China Electronic Commerce Research Center and senior partner of Beijing de Heng (Shenzhen) law firm, believes that the provisions of the "electricity business law" on cross-border e-commerce are only a principle stipulation, and scattered in the shadow of other laws and regulations, leaving great blanks to be improved gradually.
Oligopolistic effect of cross-border electricity supplier
The promulgation of the "electricity business law" has caused a great stir in the whole industry. As a result, the platform, the brand side, and the overseas purchasing and retail businesses have to begin to pay attention to the standardization of operation.
The ninth provision of the electronic commerce law stipulates that "electronic business operators" refer to natural persons, legal persons and non legal entities, which are engaged in selling commodities or providing services through Internet and other information networks, including e-commerce platform operators, operators inside the platform, and e-commerce operators who sell goods or provide services through self built websites and other network services.
Specifically, from the platform shopping to friends circle shopping, and then to live shopping, our online shopping channels are more and more.
The e-commerce law is clear that micro businesses, purchasing agents and webcast are also included in the category of e-commerce operators.
The "head platform", represented by Su Ninghai, the global import of 1 stores, jumei.com, Fung Chi Hai Tao, glamour Hui, Bao Baoshu Mei hoe and eBay, represented the "second echelon" as well as the "third echelons" represented by "Honey bud", "baby lattice", "World Cup", "world class purchase", "Guo Mei Hai", "Wuzhou fair", "Hai Mi Yan Xuan", "Hi Mi", "cross border Amoy", "Mai Le buy", "Mose net", "gifted product", "ice fan" and so on. At present, China's imports of cross-border electricity providers are booming, forming the following "three camps": NetEase koala, Tmall international, ocean terminal, Jingdong global purchase (sea hoarding)
Specific rules need to be clarified.
Faced with the full swing of cross-border electricity providers, Lv Youchen lawyers believe that the "e-commerce law", the provisions of cross-border e-commerce is only a principle, the standard is relatively general.
"On the one hand, e-commerce legislation is indeed a landmark event for the regulation of cross-border electricity providers.
On the other hand, the regulation of cross-border e-commerce in e-commerce law is framed and general. There are no specific provisions and no operability.
There is no real solution to the problem in practice.
Lv Youchen lawyer added.
It is precisely because of the "electricity business law" to purchase, micro business and webcast into the scope of supervision, but at present, the major platforms for the regulation of purchasing has not issued specific rules, resulting in a lot of true, false and fake versions circulated in the buying and selling circles.
For example, there is a shopping in the circle of friends issued a document, said: "because of the adjustment of national policies, the electricity supplier law rules are not yet clear, need a period of time to adapt to the new laws and regulations, from January 1st onwards, friends circle to suspend updates, delivery as usual, new and old customers do not involve sensitive words when sending a micro letter."
Also, for example, "WeChat has officially opened new policies, limited flow and rights reduction."
"In 2019, the new rules of electricity supplier came, we must avoid sensitive words, such as money, order, payment, delivery and so on."
They are waiting for specific regulatory notice issued by specific departments and platforms.
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