First domestic e-commerce legal report released

Recently, the Domestic E-commerce Research institute China E-commerce Research Center released the "2011-2012 China Electronic Commerce Law Report", this is China's first Electronic Business Law report. At the same time, China's e-commerce legal aid services platform is also online.

In recent years, China's E-commerce has maintained a rapid growth situation. Lei, director of China e-commerce Research Center, said in an interview with the International financial newspaper, "if E-commerce is compared to a drama, then the rules are like a pair of invisible hands to mobilize various characters and situations, to ensure that they will not become a farce." The healthy development of e-commerce in China can not be separated from the corresponding legal constraints and enterprise self-discipline. ”

Intellectual property disputes continue

"From the survey results, the company's understanding of E-commerce law is not deep." Yiuxiaojuan, a special researcher at the China Electronic Commerce Research Center, argues that the reason lies in the lack of concern about the law and the propaganda and guidance of the Government and industry associations on the law of electronic commerce. The electric business is in the initial stage, and the healthy development of electronic commerce depends on the government's reasonable guidance and support. Therefore, in the future for some time, the government's support for E-commerce needs to be strengthened.

In addition, in view of the domestic electric business enterprises on the relevant legal understanding is not enough in-depth, in order to help the electrical business enterprises and users to solve the day-to-day operation of the legal problems, the Chinese E-commerce Research Center launched China's e-commerce legal services to help the platform, the Assembly of domestic professional power lawyers, to provide users with professional

According to the report, in the investigation of the legal category demand of electronic commerce, 76.92% of the enterprises choose the network unfair competition and monopoly, 76.92% of the enterprises choose the intellectual property rights, 53.85% of the enterprises choose investment financing; 30.77% of the enterprises choose the administrative license of the electronic commerce industry. 46.15% Enterprises to choose the electricity business tax.

In this regard, China Electronic Commerce Research Center special researcher Zhang Yanlai lawyer thinks, from the investigation result, the enterprise legal dispute type concentrates in the intellectual property right, the network unfair competition and the industry monopoly three kinds, the above-mentioned dispute generally comes from the enterprise upstream and downstream industry chain and the competitor.

As for the legal disputes faced by the enterprises, the lawyer suggested that the future e-commerce legislation should focus on solving the problems of e-commerce contract, and the legal issues such as intellectual property, information security and taxation should be regulated effectively.

18 Big electricity business case release

It is noteworthy that the report on the 2011-2012 period of the typical law case of the Electric quotient, published "The annual 18 major e-commerce areas of typical legal cases." The United States Citigroup to sue Taobao mall sellers and Taobao infringement cases, the former stewardess purchase smuggling to the criminal case, Beijing East Suning price war was punished (administrative punishment case), every customer illegal use leader image propaganda case (administrative punishment case), Qihoo v. Tencent anti-Monopoly case, Taobao first "malicious bad Judge" case in the society has a big impact in the case are selected.

Reporters found that the recent hot "East Suning price war was punished case" also selected in the typical case. Zhang Yanlai that the price war is not the same as the 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.

At the same time, the report on the recently more controversial "Pacific (601099, shares) direct purchase network suspected MLM Case" also in-depth analysis. Zhao Occupation, a special researcher of China Electronic Commerce Research Center, believes that there are two principles 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.

The report is a questionnaire survey of nearly 500 domestic electric and related enterprises including electric business Platform enterprise, electric business Service enterprise, electric Business enterprise, Consumer-to-consumer Electric Business Enterprise, group Purchase enterprise, Mobile E-commerce Enterprise, search enterprise, traditional transformation electric business enterprise and so on. The report shows: less than 1/3 of the electrical business enterprises familiar with the laws of E-commerce.