China's first special law in the field of e-commerce has finally entered the legislative track. On December 19th, the "Electronic Commerce Law (Draft)" (hereinafter referred to as the "Draft") was first submitted to the Twenty-fifth Meeting of the Standing Committee of the 12th National People's Congress for deliberation, which proposed to harass and threaten users to delete the highest rating. 500,000 yuan. Some insiders pointed out that with the continuous development of e-commerce, threats to customers to delete bad reviews, online shopping express lost, etc., the demand for legislation in the e-commerce field is becoming more and more urgent. After the draft is put to the surface, it will make up for the previous special projects in this field. The blank of the law, but experts still suggest that the law should cover the areas of micro-business, sharing the economy, and further expand the scope of the law.
It is understood that this draft of the draft has a total of 94 chapters, including the general provisions, e-commerce business entities, e-commerce transactions and services, e-commerce transaction protection, cross-border e-commerce, supervision and management, legal responsibilities and the eight major provisions. Among them, it is intended to make clear treatment rules for user registration information disclosure, loss of express delivery during shopping, and harassment of bad reviews after shopping, which is claimed by many experts as the protection of the whole chain.
In the deletion of bad reviews, the draft proposes to harass or threaten the counterparty, forcing them to make changes, delete goods or service evaluations in violation of their will, and the relevant departments of the people's governments at all levels shall order the correction within a time limit, and the circumstances shall be revoked. License, the highest penalty is 500,000 yuan.
In terms of user information disclosure, the draft proposes to stipulate that personal information includes information collected in online shopping, ID card numbers, bank card information, etc. If the e-commerce business entity fails to fulfill the consumer personal information protection obligation, the minimum case is serious. The fine was 100,000 yuan and the highest was fined 500,000 yuan. In the process of sending express delivery, the "Draft" proposes to stipulate that if the courier is delayed, lost, damaged or short, it shall be compensated according to law. If the express delivery logistics service is provided by means of joining, the franchisee and the franchisee shall bear the joint liability for compensation.
In fact, in 2010, China issued the Interim Measures for the Administration of Online Commodity Trading and Related Service Behaviors. However, this method neither regulates the harassment of bad reviews and the loss of express delivery, and the punishment is also small. Most of the business violations are fined 10,000-30,000 yuan. In addition, some provinces and cities in China have also issued relevant regulations, such as the "Interim Measures for the Administration of Internet Transactions in Hangzhou", but these are local policies and cannot be applied nationwide.
Zhu Xi, a researcher at the Center for Communication Law at the China University of Political Science and Law, told the Beijing Business Daily that before the national unified e-commerce laws were passed, China’s handling of online shopping disputes was mainly based on the Contract Law, the Consumer Protection Law, and the Public Security Administration. The Punishment Law, etc., but most of these laws are not targeted enough to cope with the emerging problems of e-commerce. Applying them to deal with disputes can only be regarded as a “slow planâ€.
"Before there is no uniform regulation, e-commerce disputes must be handled according to different laws. However, there may be some conflicting punishments in these laws, and because the competent authorities have different laws, the trials of different cases may be different, which may affect the processing results. Zhu Xi said that the "Draft" is the first time in China to carry out special legislation in the field of e-commerce, and the punishment is unprecedented. Compared with the previous industry and local punishment for such behavior, this draft has turned over a dozen. Double, enough to show our determination to regulate cyberspace.
E-commerce platform punishment means mostly deduct pointsIn fact, at present, Tmall, Taobao, Jingdong and other major e-commerce platforms have issued relevant regulations, penalizing consumers for threats, etc., but these punishments are mostly based on deductions, and different platforms have greater penalties. difference. A merchant revealed to the Beijing Business Daily reporter that the main punishment measures for the e-commerce platform are to reduce powers and deduct points, and rarely impose fines on merchants.
In the "1688 Website Punishment Rules and Points Deduction Instructions (2016 Edition)", Alibaba's penalties include: publishing prohibited information, issuing violations, supplying product information, and infringing intellectual property rights.
Some merchants said that the punishment of Alibaba was relatively loose, and it was only "reduction of power" after the discovery of "single bills" and other behaviors. However, now Tmall and Taobao have also increased their efforts to crack down on their actions. "Currently. Anyone who finds the same shopping behavior as the IP address or the address of the receiving address and the address of the merchant will be considered to be a single order." An unnamed seller told the Beijing Business Daily reporter.
At the same time, Alibaba has also stepped up its efforts to intimidate consumers. A few days ago, Taobao introduced new regulations, clarified the scope of "malicious harassment" control, and added the "active outside call forensics" link. Taobao customer service personnel took the initiative to investigate and collect evidence from the sellers of the sellers who had been complained, and made comprehensive judgments on “historical service data†and “pre-recordsâ€. This means that in the future, consumers will encounter anonymous “calling you outâ€, and other consumers with similar experiences can come forward and testify together.
Micro-business management still has a blankSome insiders pointed out that the "Draft" will undoubtedly have a huge impact on the e-commerce field from the standardization of enterprises and the rise of local governments to national unified laws. However, since the e-commerce law is a new law, it is also necessary to deal with the connection between other laws. As stipulated in this "Draft", "the provision of labor services by personal skills, family handicrafts, and production of agricultural products without the need for industrial and commercial registration" means that the sale of their own agricultural products online is exempt from industrial and commercial registration, which requires business and business. The registration system is well connected.
Zhu Xi also said that although the "Draft" has stipulated in many fields, there are still gaps, especially in the areas of micro-business and sharing economy. "The current legislation is too conservative." For example, he said that the platforms used by merchants to sell goods were mainly Alibaba, Jingdong, Dangdang and other major websites. However, with the increasing number of WeChat customer groups, a new promotion mode has emerged, that is, e-commerce uploads product information. To the platform, the individual will forward the product to the circle of friends, and the commission will be commissioned. After the product is sold successfully, the individual can get a commission.
"This micro-business model may involve false propaganda, but the draft does not make provisions." Zhu Xi suggested that the draft can be revised to include the current popular, but the risk factor is also high. In addition, more comprehensive protection of e-commerce security.
On the merchant side, some people were worried about the fine of 500,000 yuan. A food original brand seller who opened a flagship store in Tmall told the Beijing Business Daily that “the fine of 500,000 yuan is indeed somewhat high. This may encourage some professional counterfeiters to maliciously purchase fake and shoddy products and specialize in legal loopholes. Make the sellers hard to defend."
Almatus, deputy director of the Policy and Law Committee of the China Electronic Commerce Association, believes that if the handling is not good, there may be problems in the use of legal loopholes to obtain fake profits. Judging from the attitudes of various departments, the problem of buying fakes is not protected. "Of course, this legislation has only established a preliminary logic system. In the cross-border e-commerce and supervision and management system, further refinement needs to be formed," Alamos said.
Mf Car Batteries,Lead-Acid Mf Batteries,Mf Sealed Lead Acid Battery,Mf Lead Acid Battery
Shaoxing Honyo International Trading Co., Ltd , https://www.honyopower.com