Source: National Bureau of Statistics Cartography: Zhang Danfeng
At present, China's online retail scale has ranked first in the world, but e-commerce as a new thing, in the market supervision, intellectual property rights, consumer rights protection and other aspects have also faced the problem of legal gap.
On January 1, 2019, the "Electronic Commerce Law of the People's Republic of China" was officially implemented, and e-commerce development is undergoing positive changes.
On January 1, 2019, the "Electronic Commerce Law of the People's Republic of China" was officially implemented.
Specialized e-commerce legislation is new in the world, so all aspects of the implementation of the e-commerce law are very concerned. At present, the e-commerce law has been implemented for one month, and what new changes have occurred in the e-commerce industry? What do the public, e-commerce companies, experts and scholars say about it?
New rules for industrial and commercial registration, good online shop
Before the implementation of the e-commerce law, no matter whether it is opening an online shop on Taobao or choosing to become a micro-business, it does not require industrial and commercial registration. However, while the development of e-commerce has greatly released the vitality of the market, this “zero threshold” has also brought a lot of supervision. The problem. To this end, “whether or not the industrial and commercial registration is required” has become a topic of high concern in all circles when it comes to legislation.
The final e-commerce law was finally fixed: e-commerce operators should handle the registration of market entities in accordance with the law. However, after the introduction of the legislation, Mr. Yao, who is engaged in the online sports goods business in Zhejiang, faces a real problem: his online store does not have an offline store, how to register?
In fact, a large number of small online businesses have the same confusion as Mr. Yao, and the definition of business premises has long been a pain point for e-commerce. According to the relevant regulations of the original industrial and commercial registration, the registration of individual industrial and commercial households must have a business place, and the business place must be a business house. Obviously, this regulation will directly increase the operating costs of e-commerce operators.
On December 3, 2018, the General Administration of Market Supervision issued the "Opinions on the Registration of E-Commerce Operators" issued on the eve of the implementation of the E-commerce Law (hereinafter referred to as the "Opinions") clearly stated: "Application for e-commerce operators If it is registered as an individual industrial and commercial household, it is allowed to register the network business place as a business place."
"This is obviously a big plus, which is conducive to solving the registration problem of a large number of natural persons engaged in business activities online." Gao Fuping, a professor at East China University of Political Science and Law and director of the Institute of Electronic Commerce Law, said that e-commerce provides unlimited space for individual business. However, it is also necessary to comply with laws and regulations to engage in business activities. Among them, business registration is the most basic requirement.
Xue Jun, a professor at Peking University Law School, believes that registration should not be a “gate-to-door” regulation, but rather a confirmation of identity and a foundation for a future management system. “The question now is that it is necessary to further clarify how the entities active in social media, but in fact engage in e-commerce operations, are registered.”
In addition, the "Opinions" is also worth noting a "white space" for registration related regulations.
In fact, the e-commerce law, while establishing the relevant registration rules, also clarifies the four situations in which registration can be waived based on actual conditions. One of the "small and small transactions" is one of them. Compared with the other three situations, the concept of “small and small amount” is more broad. It has been discussed more frequently in various circles during the legislation, and it is also one of the focuses of the current industry. Experts said that the "Opinions" issued this time have followed the statement in the e-commerce law, and have not made a "one size fits all" rigid rule for the "small and small amount". This is not only a concrete measure to optimize the business environment, but also a spirit of seeking truth from facts. , leaving room for a new model of e-commerce in the future.
E-commerce law encourages social co-governance
Ms. Huang and her partner opened an online store on the e-commerce platform, mainly engaged in food. After a few years, the business was considered to be booming. "We are the enterprise itself, the license is complete and the quality is excellent. But the merchants who open the online store on the platform most value the reputation of the store. After all, it is directly related to the user selection and search ranking, so now there are people on the Internet who are interested in playing the reputation of the store. Let us It’s a headache.” Ms. Huang said that her online shop had encountered such a situation: sometimes she encountered a “professional bad reviewer”, and she played bad reviews indiscriminately, and then the other party often asked for thousands of dollars. "Private"; others are dedicated to helping the shop to "recognize", obviously the newly opened shop has a huge "single amount", using this unfair competition to divert a lot of their own stores. Potential customers.
“Platform economy” is a very significant phenomenon in the emergence of e-commerce, and it is also the focus of E-commerce law legislation. For a long time in the past, a series of problems such as fakes, swipes, privacy protection, big data killing, etc. have been exposed around the platform governance. Although the e-commerce law has regulated this, the law has come to the fore. It also requires a multi-pronged approach.
A few days ago, in the notice issued by the State Administration of Markets Supervision, "concentrating on the special management of e-commerce platform and purifying the trading environment of the online market" is one of the important contents. The notice specifically points out that the current illegal network operation behaviors should focus on the prevention of false propaganda, false promotions, swallowing of letters, infringement and counterfeiting, etc., focusing on the prominent issues of the network market order and the immediate interests of consumers. Governance.
On January 10th, Alibaba Company released the “Anti-Counterfeiting Annual Report”. According to the report, it disclosed that the company had pushed 1,634 false-related clues to the law enforcement agencies in the whole year of 2018 to assist in the arrest of suspects. Name, trace the source of the case involving 7.9 billion yuan. The relevant person in charge of Alibaba also said that the company has established a mature platform governance mechanism, and will continue to pay attention to SMEs in the implementation of the E-commerce law, and maintain communication with relevant departments to promote the sustainable and steady development of the industry as a platform. Operators, Alibaba will definitely comply with the requirements of the new law."
"E-commerce legislation should use Internet thinking to give full play to the decisive role of the market in allocating resources." After the e-commerce law voted, Yin Zhongqing, deputy director of the National People's Congress Financial and Economic Committee, stressed at the press conference after the meeting that the e-commerce law encourages Support e-commerce parties to participate in e-commerce market governance, give full play to some endogenous mechanisms formed by e-commerce trading platform operators and e-commerce operators, and promote social co-governance that forms enterprise autonomy, industry self-discipline, social supervision, and government supervision mode.
"After the implementation of the E-commerce Law, large-scale e-commerce platforms are actively doing compliance work, and the society also strongly hopes that the implementation of this law will raise the standardization of e-commerce to a new level." Xue Jun said.
Cross-border e-commerce is more compliant, purchasing should be effectively regulated
According to relevant regulations, inbound resident passengers who have obtained personally-owned items with a total value of more than 5,000 yuan (including 5,000 yuan) should report to the customs on their own initiative. However, news that passengers have been seized by customs in recent months has repeatedly become a hot topic, and many of these passengers are engaged in overseas personal purchases.
The E-commerce Law stipulates that e-commerce operators should fulfill their tax obligations in accordance with the law and enjoy tax benefits in accordance with the law. Recently, the strict supervision of customs in various places has directly hit the long-term "barbaric growth" of overseas personal purchasing, which has caused the entire industry to face reshuffle. In this regard, many people attribute the change facing overseas personal purchasing to the implementation of the e-commerce law, but is this really the case?
"The recent discussion of purchasing problems is not necessarily related to the implementation of e-commerce law. The limitation of purchasing space is in fact related to normal cross-border trade regulation. Personal purchasing itself is difficult to integrate into the gray market of the current regulatory system." Gao Fuping believes that The direct connection between purchasing problems and the implementation of e-commerce law is a misunderstanding of public opinion. Under the current international trade supervision, all goods trade should be included in the customs, taxation, import and export inspection and quarantine system, and travelers or overseas relatives and friends can only carry sporadic Entry of goods.
In fact, after the emergence of consumers' cross-border direct purchase of consumer goods, the entry of large quantities of consumer goods, including personal purchases, has indeed brought enormous challenges to the traditional regulatory system based on international trade in goods. In this regard, the e-commerce law also responded: the national import and export management department should promote the comprehensive service and supervision system construction of cross-border e-commerce customs declaration, tax payment, inspection and quarantine.
"Purchasing goods into the customs is only one aspect. If these goods are sold twice, then it may involve issues such as whether the imported food has Chinese labels and whether the operators have the corresponding qualifications." Xue Jun said that at the end of 2018, China issued regulations. The institutional framework for building cross-border e-commerce has been facilitated on the one hand, and quality control and consumer protection have been improved on the other hand.
Gao Fuping also said that the country has been constructing a new regulatory system for cross-border direct purchases. The more mature ones are the online shopping bonded import model and the direct mail import model. However, regardless of the model, the taxation of imported goods has been basically solved. "Personal purchasing still lacks effective supervision. There are a lot of off-law behaviors in the way of customs declaration and tax payment." In Gao Fuping's view, the space for personal purchasing will become smaller and smaller. (Reporter Zhang Wei)
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