Market Supervision Administration: Strengthening The Regulation Of Import And Export Of Cross-Border E-Commerce

Recently, the State Administration of market supervision and Administration issued a notice on the official website of the official website of the 2019 network market regulation (net sword operation).

(official website of the State Administration of market supervision, screenshot)

The notice said that in order to thoroughly implement the spirit of the nineteen and nineteen sessions of the party's third and third Plenary Session of the party, and implement the electronic commerce act as the command, standardize the network operation behavior, purify the network market trading environment and maintain a good network market order, the members of the inter ministerial Joint Conference on Internet market supervision decided to jointly carry out the 2019 network market regulation special action (net sword action) in 6-11.

Specifically, in 2019, the seven key tasks of net sword action included: efforts should be made to standardize the qualification of e-commerce subjects; to crack down on online sales of fake and shoddy products, unsafe food and counterfeit drugs; to crack down on unfair competition; to carry out Internet advertising rectification work; to crack down on other kinds of illegal spanactions in Internet spanactions; to strengthen network spanaction information monitoring and product quality spot checks, and to implement the responsibilities of e-commerce operators.

The circular pointed out that we should strengthen the study, supervision, and investigation of illegal and criminal activities in the mobile APP terminal (online trading platform, online ordering platform, online travel platform, social networking providers, cross border electricity providers, and other Internet market new modes). We should intensify efforts to investigate and deal with violations of commercial prepaid cards on single sales routes, strictly supervise overseas purchasing behavior, and intensify efforts to improve the import and export links of cross-border e-commerce.

The specific plans are as follows:

I. overall objectives

We should give full play to the role of the inter ministerial Joint Conference on network market supervision, strictly implement the relevant provisions of the e-commerce law, crack down on the outstanding problems in the Internet market and create a fair market order. We must adhere to the law in accordance with regulations, prudent supervision, smart supervision, comprehensive supervision and coordinated supervision, strengthen credit constraints, standardize e-commerce activities, purify the trading environment, protect the legitimate rights and interests of consumers and operators, improve the quality of network goods and services, and promote the healthy and continuous development of e-commerce.

Two. Key tasks

(1) efforts should be made to standardize the qualification of e-commerce subjects and create a favorable access environment. According to the law, it shall investigate the behavior of e-commerce operators violating the obligation of information disclosure under the fifteenth provision of the electronic commerce law. Supervise e-commerce operators to handle market subject registration in accordance with the law, standardize the qualification of e-commerce subjects, and strengthen the standard guidance for social business and cross border e-commerce operators. We urge e-commerce platform operators to register according to the requirements of laws and regulations such as the electronic commerce act, verify and register the real information of the operators entering the platform, establish registration files, and supervise the operators of e-commerce to do the work of lighting, lighting and lighting. We urge the postal enterprises and express enterprises to strengthen the examination of the business scope of the agreement customers of e-commerce enterprises. Standardizing the main body of e-commerce business and concentrating on illegal Internet Applications (websites, APP, etc.). (division of market supervision, Ministry of industry and information technology, Ministry of public security, General Administration of customs and post office)

(two) crack down on online sales of counterfeit and shoddy products, unsafe food and fake medicines, and create a safe environment for consumption. Focusing on food (including health food), pharmaceuticals, electronic products, auto parts, furniture, home products, household products, clothing, shoes and hats and labor protection helmets, etc., focusing on consumer safety products, which focus on social safety and health, strengthen supervision and law enforcement and criminal law, take the major cases as a breakthrough, organize and carry out centralized attack, and resolutely safeguard the bottom line of people's lives, health and safety. We must persist in combining online and offline governance, strengthen the spot checks of circulation, sales, catering, food and other commodities, strengthen the supervision of food safety in network catering services, strengthen risk monitoring, purify the source of production, and investigate and deal with the illegal and criminal activities of selling fake and shoddy products by Internet. Dealing with the harmful information of the Internet infringement and counterfeiting according to the law. (the General Administration of market supervision, the Ministry of public security, the General Administration of customs and the post office are divided according to their duties)

(three) crack down on unfair competition and create a fair market environment. In accordance with the relevant provisions of the anti unfair competition law and the electronic commerce act, we must crack down on false propaganda, brush up letters, illegal promotions and illegal tying. We must seriously punish illegal marketing campaigns to publicize infant formula foods. We must crack down on illegal activities such as sending illegal parcels by illegal means, helping other operators to carry out scrolls and letters. We urge the e-commerce platform operators to further strengthen the monitoring and control of the behavior of the scrubbing, and improve the credit evaluation system of commodities (services), and cooperate with law enforcement. We should investigate and deal with e-commerce platform operators in accordance with the law, and restrict the participation of operators in the third party e-commerce platforms. (the General Administration of market supervision, the development and Reform Commission, the Ministry of Commerce and the post office are divided according to their duties)

(four) thoroughly carry out the work of Internet advertising rectification, and create a good advertising market environment. Focusing on the portals, search engines and e-commerce platforms with great social impact and extensive coverage, the Internet media such as mobile clients and new media accounts are highlighted. In view of the false and illegal advertisements related to health, property, finance and investment of people, such as health care, pharmaceuticals, health food, real estate, finance, etc., the investigation and investigation efforts have been intensified, and a number of major cases have been investigated. (division of market supervision, Ministry of industry and information technology, Ministry of public security and Network letter office)

(five) crack down on all kinds of illegal activities in Internet spanactions according to law, and effectively purify the network market environment. To implement the relevant provisions of the "e-commerce law", "network security law", "consumer protection law", "price law", "temporary purchase of goods online for seven days" and other related provisions, unimpede the channels of consumer complaints reporting, protect consumers' right to know and choose, and increase the crackdown on consumers' rights and interests, such as improper price behavior, unfair format clauses, and no obligation to return goods for seven days. Efforts should be made to increase the protection of personal information in all directions and standardize the terms and conditions of contracts related to personal information; seriously investigate and deal with acts of unauthorized collection, use, excessive collection or disclosure, illegal sale and illegal provision of personal information to others, investigate and deal with the network platform that fails to fulfill the obligation of protecting personal information and provide support and help for network crimes; crack down on violations of citizens' personal information crime, and effectively prevent the abuse of personal data by big data technology. We must severely crack down on the Internet trading platform and provide trading services for illegal sale, purchase, utilization of wildlife and its products or prohibited hunting tools. In close cooperation and cooperation, we should strengthen the judgement, supervision and investigation of the illegal and criminal behaviors of mobile APP terminals (online trading platform, network ordering platform, online tourism platform, social networking providers, cross-border electricity providers and other new modes of Internet market). Efforts should be made to investigate and deal with violations of online sales single use commercial prepaid cards. We must strictly supervise overseas purchasing behavior, and intensify efforts to improve the import and export links of cross-border electricity suppliers. We should strengthen the supervision and supervision over the prohibition of spanactions in Internet sales, and constantly purify the market environment. (the General Administration of market supervision, Ministry of industry and information technology, Ministry of public security, Ministry of Commerce, General Administration of customs, network office and post office are in accordance with their responsibilities).

(six) strengthen network spanaction information monitoring and product quality spot checks, and create a good consumption environment. We should constantly strengthen the application of regulatory technology, explore new ways of monitoring network spanaction information, improve the monitoring and supervision process, and effectively discover the illegal clues of Internet spanactions. We should focus on the important time nodes such as network promotion, holidays and so on. We should conduct directional monitoring and quality sampling inspection in the network market, detect risks in time, give full play to the disciplinary actions of departments, and implement the whole network warning. (the General Administration of market supervision, the development and Reform Commission, the Ministry of industry and information technology, the Ministry of public security, the Ministry of Commerce, the General Administration of customs, the network office and the post office are in accordance with their responsibilities).

(seven) implement the responsibilities of e-commerce operators and create an honest and law-abiding business environment. E-commerce operators, especially platform operators, should be urged to fulfill their statutory responsibilities and obligations. To supervise the obligations of e-commerce operators in fulfilling consumer rights, intellectual property rights, personal information protection, etc., and bear the responsibility for the quality of products and services in accordance with the law, and strictly implement the responsibility for repair and replacement of products sold on the Internet. Instructing and urging the operators of e-commerce platforms to strengthen the qualification examination of the operators in the platform, publicize the main information, implement the obligation of "Notification deletion" for intellectual property protection, mark the competitive bidding goods (service) as the "advertising" obligation, guide and urge the network catering service platform to strengthen the management of branches, agents and partners, and actively submit information to the regulatory authorities on the data of the catering service providers, platforms, branches, agents, partners, etc., and strengthen the management of the food distribution process, and gradually promote the takeaway and food registration, so as to ensure that the food distribution process is not polluted. We should guide and urge enterprises such as distribution, post and express to improve the real name system, refuse to receive and deliver infringing and counterfeit goods, and provide support for law enforcement departments in checking criminal clues. (the General Administration of market supervision, the development and Reform Commission, the Ministry of industry and information technology, the Ministry of public security, the Ministry of Commerce, the General Administration of customs, the network office and the post office are in accordance with their responsibilities).

Three. Related work requirements

(1) strengthen organizational safeguards and promote solid deployment. All localities and departments should implement the responsibility of territorial supervision, take the local reality into account, conscientiously do a good job in the overall deployment, and formulate practical and feasible implementation plans, so as to achieve substantial results.

(two) enhance the effectiveness of supervision and innovate the regulation mode of network market. All localities should give full play to the role of joint supervision of network market regulation and form a joint force of supervision. We should make comprehensive use of administrative guidance, administrative interviews, administrative penalties and other means to urge e-commerce operators, especially platform operators to fulfill their statutory responsibilities and obligations. We will push forward the supervision of "double randomness and openness". Through the "credit China" website and the national enterprise credit information publicity system, we shall timely publicize the basic information of e-commerce operators and the information of administrative enforcement, administrative penalty, spot check and inspection results in various departments' performance duties, and further strengthen joint supervision and joint disciplinary action among departments.

(three) enhance the awareness of law and intensify the publicity of the "e-commerce law". All localities and departments should carry out extensive publicity through various forms, organize and conduct discussions and interviews with e-commerce operators, publish consumer warning, warning and typical cases of illegal activities, and create a good atmosphere for e-commerce to participate in learning, knowing, obeying laws, understanding laws and usage.

All localities and departments should highlight the key points of work, strengthen source governance, and scientifically arrange the progress of work. Before December 12th, the special action summary report, special action statistics table, typical cases (more than 5, with administrative penalty decisions), and joint law enforcement related materials will be reported to the higher authorities respectively and sent to the same level market supervision department. In case of any serious situation, please report to the local Party committee, government and higher authorities in good time.