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The Legal Provisions That Match Electronic Commerce Reveal The Truth.

2016/3/15 22:29:00 41

Electronic CommerceRules And RegulationsLegal Provisions

According to a report released by China Consumers Association on the eve of "double 12", in the 93 "double 11" marked goods with relatively large discount, 32 of them can still be purchased at the price of "double 11" on the eve of "double 12".

"Fake discount", fake and shoddy and other phenomena are common. On the one hand, because of the lack of integrity of businesses, on the other hand, as a carrier to undertake various electricity suppliers and online stores, the electronic business platform is also to blame.

In this regard, Wu said that some of the

Electronic Commerce

Problems encountered in the development of new technologies, such as the platform responsibility of electric providers, need to be regulated by law.

The implication is nothing more than that the electronic commerce act, which has already been drafts, will provide more detailed rules for the accountability mechanism of the e-commerce platform.

Hong Tao, director of the Institute of Business Economics of Beijing Technology and Business University, told reporters that there are two kinds of electronic business platforms. One is Taobao's platform that only provides platform services. The other is platforms such as Jingdong, which have self operated plates, but also provide services to some businesses.

But no matter the former or the latter, the platform charges a certain fee while providing services. From the perspective of power and responsibility, the platform of electronic commerce should be the first person responsible for the problem of trading.

"Platform has a set of businesses and commodities.

Screening mechanism

If there are any problems with the screening of businesses and commodities, the platform must be responsible.

Hong Tao said.

Peking University law school professor, member of the working group on e-commerce law drafting.

Xue Jun

It indicates that the responsibility of the platform should be defined according to the degree of participation and identity of the network paction intermediaries.

"If the consumer finds that there is a problem with the goods and asks for goods under the platform, or when the shop is closed, the platform should actively fulfill this obligation. In this case, the platform can be exempt from liability in principle.

But if the platform participates in pactions in some way, such as advertising recommender, then the responsibility of the platform should be increased accordingly.

Xue Jun said.

In fact, in view of the issue of consumer privacy leakage, relevant laws and regulations have been promulgated in China.

Last year, "3. 15" was formally implemented by the State Administration for Industry and Commerce on the penalties for infringement of consumer rights and interests.

It is stipulated that operators who disclose, sell or illegally provide personal information to others will be punished.

Regarding this, Chen Xingying, vice chairman of the CPPCC National Committee and deputy director of the Jiangsu Provincial Committee of the Kuomintang and vice president of Hohai University, suggested that the management of data sources should be strengthened.

He said that we should make full use of big data, cloud computing and other technologies to set up an electronic commerce regulatory platform and database, and establish a real name authentication system for organization codes and personal identification cards.

In addition, he also encouraged the three party organizations such as trade associations to publish the professional credit evaluation of the brand and the electricity supplier of e-commerce, and use word-of-mouth and credit to form an ecosystem of honest pactions.

Hong Tao suggested that in addition to personal information encryption for consumers, information on commodity quality, business dishonesty and consumer rights protection involved in the process of e-commerce pactions should also be disclosed, exchanged and shared in a timely manner, forming multiple supervision to jointly protect consumers' personal information security.

In fact, the industry has been calling for speeding up the legislative process of the personal information protection act.

But in Xue Jun's view, we can make full use of the legislative opportunity of the electronic commerce law to standardize and clarify the main issues involved in the protection of personal information, which can also provide experience and preconditions for the formulation of the personal information protection law.


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