First domestic e-commerce Law report released

Economic observation Network reporter Nest New core

The mail from the Commodity Data merchants ' business Society to the network reporter shows that yesterday the China e-Commerce Research Center (100ec.cn) issued the "2011-2012 China Electronic Commerce Law Report", which is the first domestic electricity business Law report. At the same time, the "China Electronic Commerce legal Aid Service platform" of the service electric business and the law also synchronized on-line.

The report lasted six months to 500 domestic electric dealers and related traditional Enterprises questionnaire survey, involving business-to-business, online shopping, network purchase, Third-party payments, logistics, express, Mobile E-commerce, O2O, overseas purchasing and other E-commerce subdivision areas. The report shows that less than 1/3 of the electric business enterprises familiar with E-commerce-related laws, network unfair competition and industry monopoly has become the bottleneck of the development of electric business enterprises.

Yiuxiaojuan, a special researcher at China E-Commerce Research Center, believes that the enterprise's understanding of the law of E-commerce is not deep, due to the lack of concern about the law, the Government and industry associations to promote the law of E-commerce is not in place. The domestic electric business is in the initial development stage, the healthy development of electronic commerce depends on the government's reasonable guidance and support.

According to the report, 70% of the electricity companies said there had been legal disputes, and more than half of the companies said the economic losses caused by legal disputes. "Jing Dong suning price war was punished case", "Pacific (601099, share) direct purchase network suspected MLM case", etc. were selected for the typical case.

Zhang Yanlai, a special researcher at the China e-Commerce Research Center, argues that, from the survey results, enterprise legal disputes focus on intellectual property rights, improper competition in the network and three kinds of industry monopoly, these disputes generally come from the upstream and downstream industry chain and competitors. Zhang Yanlai that price war is not the same as illegal behavior, in the market economy environment price war is a common means of competition, the key lies in how to standardize the price war within the legal limits, do not harm the interests of consumers and the normal market competition order.

Zhao Occupation, a special researcher of the China Electronic Commerce Research Center, believes that there are two principles for consumers to identify network MLM, whether there is a false transaction, and whether there is a development in the process of repatriation. Through the rule design, the normal integration rebate from the consumption rebate into investment rebate, and the proportion of normal consumption rebate is far lower than the ratio of investment rebate, it is suspected of breaking the law. The Pacific Direct purchase network has a head, collecting fees for profit from the initial characteristics, deliberately played a ball, or suspected of breaking the law.

As for the legal disputes faced by the enterprises, the lawyer suggested that the future e-commerce legislation should deal with the problem of e-commerce contract and regulate the legal issues such as intellectual property, information security and taxation. In addition, enterprises in the face of legal disputes, the help of Third-party platform is also a good choice.

Following the reference to online shopping in the 2011 government work report, Premier Wen Jiabao, in his 2012 government work report, pointed out the need to actively develop new forms of consumer business such as online shopping. Accordingly, the electricity merchant legislation also became many deputies of the NPC proposal.