What Is The Performance Of The New Electricity Business Law? What Has Gone Through The Experience Of Platforms, Micro Dealers And Purchasing Agents?

According to the world clothing and shoe net, it has been a month since the formal implementation of the e-commerce law in January 1, 2019.

This law is not only for the major.

The platform has put forward a lot of subdivision rules that keep pace with the times. Besides, it has included micro businesses, purchasing agents, areas previously supervised by "grey areas" into the scope of supervision, and stipulates that "selling goods or providing services through the Internet and other information networks" is the "electronic business". Besides the electronic business platform, purchasing and micro businesses, the new live shopping is also included.

Specific content, "

"It has made a comprehensive stipulation on the behavior of e-commerce platform and merchants, showing the in-depth understanding of the status quo of the electricity supplier. Many commonly used" tricks "which are harmful to the interests of consumers are included: eradicate the act of brushing; prohibit big data" killing cooked "; do not establish unreasonable conditions or do not withdraw the deposit; protect user information; do not share, illegally trade and force the commercial advertisement; do not delete merchandise or evaluation; do not force the merger sale.

In the past month, how did the new business law show? What did the platform, micro dealers and purchasing agents experience?

E-commerce platform: modify rules, train businesses

Because of the different modes, the influence of the electronic business platform is also different.

Jingdong, Tmall, Yan Xuan and other B2C business platform are more limited to traditional commercial form, and Taobao limited, Taobao and many other C2C O2O providers, such as the US, OTA and so on, are more influential.

According to the relevant data, at least 10% of Taobao owners will be directly impacted by the relevant provisions of the electricity business law, such as business qualifications, invoices and tax returns.

Prior to this, Ma Yun represented Ali to attend the four draft review of the electronic commerce law, which was held by the National People's Congress in August 16, 2018. He was also the only Internet Co member to attend the meeting personally. The representatives of Jingdong, Tencent and NetEase were only vice presidents or researchers.

At this meeting, Ma Yun himself demonstrated his attitude: "the electronic commerce law should be international and forward-looking, hoping to add content to promote the development of e-commerce, and the legislation of e-commerce law is not mature."

As early as in April 2018, Ma had advocated the "electronic commerce law" upgraded to "digital economic law".

Repeated statements show that he hopes to alleviate the specific legal targeting of the electricity supplier, and his attitude towards the new electricity business law is also sufficient to see that he has foreseen the impact of the new electricity business law on Taobao platform.

Sure enough, the first day of the e-commerce law, Ali shares fell and reached a low point in January 3rd.

However, from another point of view, the "electric business law" boots landing, forced to withdraw from a number of "gray Taobao shop" and the legal loopholes Taobao business behavior, such as brush, such as killing, and this also purifies the environment of Taobao platform, protecting the rights and interests of consumers, and helps the business of healthy compliance business healthy growth. In the long run, it is not a bad thing for Taobao.

However, Ma chose to quit last year. For many years ago, Ma Yun, who had predicted that the electricity supplier would die, did not know if there was a feeling that the long run is far away and suitable for the successor to complete.

Relative to Ali,

It has shown a completely different attitude towards the electricity supplier law, and has repeatedly said that it has paid off and expected, and even said that the current electricity supplier law is "not enough to quench thirst".

When the electricity business law has not been formally launched, the Jingdong has issued a request that businesses publish or update relevant industry license information announcements. Shops that fail to upload or update relevant industry license information before December 14th will be deducted 25 points, and the products under all related categories in the next store will show a positive attitude of fulfilling their responsibilities.

This also stems from its own business model is the B2C mode, for entering the Jingdong that requires business licenses and other related documents, in fact, it is equivalent to an annual trial.

In the month after the official launch of the electricity supplier law, the major e-commerce platforms have begun to modify the rules of the agreement and upgrade the App. In the newly upgraded App of the major online travel agents platform, you can never see the "pick up ticket" or "hotel voucher" by default or compulsory bundling.

On the other hand, due to the clear platform for the audit and supervision obligations of merchants, the major platforms have also carried out relevant guidelines for merchants.

Tmall, from January 1, 2019, assists businesses to carry out the publicity of relevant information through the system, in line with the requirements of the "Electrical Commercial Law" for the demonstration of the certificate. The business will upload the relevant information to the platform and update it in time to complete the publicity.

In January 3rd, Taobao issued the key FAQ of the e-business law, which answers the business licensing line, online upgrading, fairness and other issues.

Jingdong summed up the 5 major scenarios for businesses to pay special attention to in the electricity supplier law, including administrative licensing, publicity obligations, brush list reviews, orders not shipped, registration of natural person market subjects, and legal risk warning and compliance guidelines respectively.

Besides providing "6 high risk scenarios warning and compliance guidelines" and "new requirements compliance guidelines for arbitration disputes", Suning launched a training course entitled "cognitive electricity business law to enhance commercial combat effectiveness".

In the rules, the major platforms also make clear stipulations on the illegal behaviors such as cleaning, censoring, and so on mentioned in the electricity business law.

In December 31st, Taobao revised the evaluation criteria in the Taobao rules, and made clear in the thirteenth article that Taobao will deal with the behavior of improper use of evaluation tools such as fraudulent acquisition of other property and false trading, based on limited technical means, including the treatment of measures such as shielding comments, not accumulating scores, etc.

{page_break}

The sixty-first article provides for the behavior of false pactions, such as: the seller will make a false paction, Taobao will correct the seller's irregularities, including the deletion of sales volume, shielding comments content, shop scores and credit scores do not accumulate; if the circumstances are serious, Taobao will also sell all merchandise in the seller's store.

In January 2, 2019, according to the provisions of the electricity business law, the Jingdong made relevant adjustments to the "termination of cooperation" rules.

Jingdong said that according to the new electricity business law, the third party businesses of the e-commerce platform need to give 30 days' advance to the consumers before they exit the platform.

In addition, the new electricity business law strictly controls the qualification of business, Tmall international and NetEase koala have brought new opportunities for the development of large cross-border e-commerce platforms.

In contrast, it is the serious impact of personal purchasing.

Micro listens to "notice", WeChat: I am not I am not.

According to the new "electricity business law", e-commerce operators such as "micro businesses, purchasing agents" need to register with the market players according to law, and the violation will face a maximum fine of 2 million.

However, there are exceptions. If they are self-produced agricultural and sideline products, family handicraft products or merchants who use personal skills to engage in trading activities, they do not need to register.

Once the regulations have been implemented, micro dealers and purchasing agents are beginning to worry.

Some have changed their names, and many purchasing agents and micro dealers have also forwarded a notice in their friends circles.

"Since January 1, 2019, the new electricity supplier law has been implemented.

Please ask new and old customers to ask questions about commodities when they are not asking for sensitive words such as: Bank, pfer, purchase and sale, Alipay, payment, brand logo; if the title is permanent, do not bring brand logo to the friends circle in the latest week, try not to pfer WeChat, try to use Alipay or scan code, please do not have fluke psychology, please do housework.

And "there are policies, there are countermeasures", purchasing agents began to try to evade in various ways.

If you can't use commodity pictures, then hand painted, "soul painter" has come out, hand painted lipstick, lotion or person image or abstract, each is "big touch".

There is also a guessing product code named "mushroom soup" and "Ganoderma lucidum stew soup". The celestial water has become "the soup of immortals", and La Mer cream has become "home grown" Chimonanthus praecox.

After the panic, the actions of purchasing agents can even be regarded as a carnival.

There are even reports that the electricity business law has revitalize the art market, and the number of art workers has risen sharply. Even the game art studios have begun to take advantage of this short "draught".

However, this "notice" was soon rumor by WeChat official rumor platform "rumor filter": WeChat has always respected and protected users' privacy and security, so long as they do not use friends circle to conduct illegal activities, comply with relevant state laws and regulations, and Tencent WeChat soft ware licensing and service agreement, "WeChat personal account usage specification", there will certainly be no risk of being sealed.

Not only that, but a lawyer soon said that buying and selling pictures or non Chinese descriptions could not circumvent the laws and regulations, and completely dispelled the illusion of purchasing agents.

After such a farce, the mentality and circumstances of recovering the cool merchants and purchasing agents are different. Some are confused and some are firm.

Bianews interviewed two e-commerce operators, including buying pessimism, while another sales network reddish lemon enzyme company said it had not been greatly affected.

Bianews collated the contents of its visits as follows:

Xia Xia, female, 27 years old, Japan purchasing

After the introduction of the new electricity supplier law, the purchase of knowledge became more and more popular, and the buying and purchasing group soon became a literary and artistic creation group.

Later, WeChat began to rumor and turn back to think that it was not so much a fear of survival at the time than a group's interest in expressing concern, especially when a group of people were together.

As a matter of fact, this group is very marginal. In fact, my parents always worry about whether I am going to break the law or not.

As a result, it is rare to be able to speak loudly under the spotlight, and "drama" is born.

So we can become an "electric business practitioner" openly and honestly, bear the responsibility of paying taxes, and say from heart that I am willing.

But my wallet is not allowed.

Originally, the profit was thin, before it was less than 20%, which was thinner than my smaller scale.

I often think that if you are an agent, you can earn a high profit if you only take pictures that you have made, write product descriptions, sell things that are unknown, but I do not want to do that, and I can not seem to do that anymore.

As for the situation, for me, besides the stricter customs supervision, the other seems to have changed little.

But the most painful thing to buy is customs clearance.

To tell the truth, even if there is no electricity business law, purchasing is becoming more and more difficult.

Fake purchasing is too much, and there is nothing to have, how much, how much, when there is spot, and the price is cheap, there is no way to compare.

And the fake ones are expensive, and the customers are even more confused.

Moreover, many domestic e-commerce platforms are now doing cross-border shopping on their own, and there are more and more customers choosing. Although the side is not necessarily true, people still trust it.

The "human meat purchasing" is too cumbersome, the price of counters and manpower costs, the price is not attractive, the goods that can be bought are also limited, the efficiency is not high, there is also risk in customs clearance.

More and more thankless.

I am still thinking about whether to register or not, because I know the news very early, so I can still continue to store a lot of goods last year as a buffer.

Now I would like to know what the scope of the "scattered small amount" is, and how to follow the rules and regulations.

Grass, 31 years old, sells self-made "lemon enzyme".

I started early with lemon enzyme, which was popular in Xiao Hong's book.

This material is relatively easy to obtain, and it is not very complicated to produce. Just when the child is in kindergarten, it is also idle at home. As an entry thing, it is relatively safe. Even if it can not really lose weight, it tastes good as a drink, so after trying it, it is recommended to friends and family, and gradually has a small scale.

But the real start is to rely on net red.

Now the net red "take goods" ability is too strong, short video, short red book "grass", friends circle drainage, all kinds of "artifact" are popular, enzyme sales also under this effect brought up, follow the trend of sales more and more people, compared with later, I have some early advantages.

Now I often send small videos, interact with fans and customers, occasionally do some drinking exercises, and also get some good reviews.

The electricity business law has little influence on me. If I have an impact one day, I will not panic, because I like my job very much.

Lawyer's viewpoint: the key word of the electricity supplier law is regulation, it is also encouragement and support.

In view of the introduction and implementation of the "electricity business law", Bianews also consulted Zhao Zhanling, deputy director of Beijing Zhi Lin law firm and Research Institute of China Electronic Commerce Research Center from the legal profession and more macro perspective.

What kind of law is the electricity supplier law?

Zhao Zhanling: the electricity business law is the basic law in the field of electronic commerce. The content includes at least four categories: consumer rights protection, industry competition order, platform responsibility and industry management, which involve many fundamental and principled problems.

At the same time, the legislation process of this law is relatively long, and new problems are emerging in the middle. The final version also reflects the characteristics of keeping pace with the times, especially for the recent problems in the electricity supplier industry, such as the problem of big data killing and tying, etc., which is timely incorporated into the legislative scope, and has made clear and specific provisions.

Generally speaking, this law is a normative law of the industry, but it also encourages and supports the development of industries in many aspects, especially for cross-border electricity suppliers.

{page_break}

So far, what problems have been solved by electricity business law?

Zhao Zhanling: the electricity business law has been implemented for less than a month, but this process has also reflected some problems encountered in the execution, such as business registration, tax registration, which individual sellers do not need to register for business registration, and how to handle tax registration for individual sellers who do not need to register for industrial and commercial registration.

In addition, due to the huge number of individual sellers in the e-commerce industry, it takes time to complete business registration and tax registration. The implementation of the electricity supplier law needs a step-by-step process.

However, some provisions in the electricity supplier law have immediate effects and effects. For example, the provisions on tying are very direct and very clear, and can not be chosen by default.

This impact on the OTA industry is very large, and also very obvious.

After the implementation of the electricity supplier law in January 1st, the situation of tying up value-added services was improved significantly when consumers ordered air tickets, tickets and hotels. At least large OTA platforms had been adjusted and standardized to avoid compliance risks.

Therefore, in general, the solution of some problems can be achieved in the short term. The solution to some problems is a long-term process. For example, random collection and use of personal information protection, counterfeit goods flooding, platform responsibility, and so on, need administrative, judicial, industrial self-discipline, social supervision and other ways to solve comprehensively.

In the thirty-eighth paragraph, what changes will the platform bring from joint liability and supplementary liability to corresponding responsibilities? What is the purpose of such a change?

Zhao Zhanling: the joint and several liability is relatively clear. Between the platform and the business, consumers can hold the responsibility of either party or both parties. In the four review, "joint and several liability" is modified to "supplementary liability". In the final version of the review, it is changed to "corresponding responsibility", which means that it is necessary to judge whether the platform is complementary or joint liability based on different circumstances.

Joint and several liability is more severe to the platform, but the effective version represents the specific circumstances. It is hard to say whether the legal liability of the platform has been lighter or heavier.

Some people say that there are many ambiguous elements in the details of the electricity supplier law. Its guiding significance is greater than the normative significance. What do you think? This means that the follow-up will continue to introduce more subdivided laws and regulations.

Zhao Zhanling: the electricity business law is formulated by the National People's Congress and has a very high level of effectiveness. Its contents involve many important problems in the electricity supplier industry. At the same time, considering that the legislation itself needs some foresight, it can not be enacted by legislation just because some of the contents are outdated and difficult to adapt to the development of the industry. Therefore, many provisions in the electricity supplier law need to be principled.

However, the principle does not mean fuzziness. Only in the process of execution, judicial interpretation may be needed to formulate supporting provisions.

Before that, the implementation effect of some provisions will be affected.

At present, there are many rules to match the "electricity business law" in the industrial and commercial registration and cross-border electricity supplier of individual sellers, making the law more practical.

In addition, the "electricity business law" is not entirely a principle clause, there are many specific provisions.

For example, rules for the establishment of electronic contracts are specified.

Before many electric business enterprises agreed through the user agreement, the contract was not established after the consumer submitted the order and paid the price. Only when the merchant confirmed delivery, the contract was established.

However, the electricity business law clearly stipulates that the electricity supplier shall not stipulate that the contract will not be established after the consumer pays the price, and if there is such a clause in the user agreement, it is invalid.

In addition to some of the supporting rules that have already been introduced, the electricity supplier law may need further refinement in many aspects. For example, if it is clear that the platform's infringement or infringement on the seller is well known or should be known, this aspect is not clear. Not only will there be many disputes in practice, it will also cause the responsibility of the platform to be lightened, to a certain extent, it will also affect the implementation effect of the electricity supplier law.

Conclusion

After 5 years, 3 times of public consultation and 4 deliberations, the electronic commerce law was finally put into effect, announcing the end of China's "brutal growth" of e-commerce.

The electricity business law not only affects practitioners in the consumer and e-commerce industries, but also affects the domestic Internet structure to some extent.

In the past month, regulators have also begun to take action.

In January 7th, the Beijing Consumer Association announced that it had launched an investigation into the 13 electronic commerce platform of the forty-ninth Electronic Commerce Contracts on the electricity supplier platform, which showed that suning.com, malt, Dangdang, jumei.com and other four platforms were irregularities.

In January 21st, the Beijing Consumer Association and the Beijing law society's electronic commerce law research society jointly held the "seminar on the implementation status and problems of the e-commerce law" Symposium.

With regard to the hot issues such as registration and management of electric business, "Canada goose" incident, and the promotion of annual "big bill", this paper makes in-depth analysis and Discussion on the implementation, market reaction and existing problems after the implementation of the e-commerce law.

During the meeting, it was discussed that whether the regulatory authorities or the electric business enterprises had a "anxiety" about the implementation of the "e-commerce law", and the focus of "anxiety" was on the registration and supervision. That is, how to promote the lawful compliance of e-commerce activities under the premise of ensuring the steady development of the e-commerce industry.

On the other hand, experts believe that the electricity business law has made a relatively concentrated stipulation on the rights and obligations of the operators of the electronic business platform and the operators inside the platform, while there are relatively few rules for the operators of self built websites and those who sell goods or services through other networks, such as the identification and standardization of the more active social networking providers.

Therefore, the identification of e-commerce operators in the e-commerce law needs to be further clarified and refined.

Just like this, the electricity business law is constantly filling the content, keeping pace with the times, improving itself, having great potential and imagination, leading the pformation of the law and Internet economy in the new era.

More interesting reports, please pay attention to the world clothing shoes and hats net.