Interim measures for the administration of network commodities the legal blank of the network transaction, the industrial and commercial registration regulation is not "a one-size-Fits-all"

"Network commodity transactions and related service behavior management interim measures" stipulates that individuals in the online shop should be real-name registration, with the conditions should also deal with the registration of industry and commerce. The draft stipulates that: natural persons engaged in the conduct of commodity transactions and related services through the network shall apply for the registration of the real name of the operator providing the network trading platform service, and shall transact business registration according to the conditions of registration.

The reporter learned from the source that the State administration of industry and Commerce of the "Network Commodity Transactions and Related Services Act management interim measures" is expected to be enacted on the eve of March 15 this year. According to the method of the draft view, the individual open shop online must be real-name registration, with the conditions should also deal with the registration of industry and commerce.

Since last year, the State Administration for Industry and Commerce has been actively developing the regulation of online commodity transactions and related services.

Legal gaps in closing online transactions

In fact, at present, online transactions on how to manage the shop, how to protect the interests of online shopping consumers are not violated, in China is still a legal gap. According to CNNIC monitoring, 2009 China online shopping market transaction size reached 250 billion yuan, more than 2008 doubling growth. Along with this, the consumer to the net buys the security, the brand, the service has put forward the higher request.

Personal Open Shop should be the real name registration

Reporter learned that the major network platform to protect consumer rights and interests of the measures still have a strong self-discipline color. Several major domestic e-commerce giants such as Taobao, most of the implementation of real name registration, but small and medium network trading platform did not make a real name registration requirements, more rely on self-discipline to carry out the construction of integrity. For example, Taobao "Diamond class" sellers equivalent to the network of brand-name enterprises.

"Engaged in business activities, business registration for granted." The real-name registration of the operators of E-commerce will solve the problem of the integrity defects in the development of E-commerce in China. "Some E-commerce experts believe that it can standardize the development of e-commerce, to protect the interests of consumers." But he also said that it was too much to curb the development of E-commerce. For example, Taobao online profit model is low profit, a registration fee for it is also a small burden.

The business registration requirement is not "one-size-Fits-all"

The business registration requirement is not "one-size-Fits-all", the method stipulates that for the temporary lack of business registration conditions, to apply for access to the network trading platform to sell goods or provide relevant services to the real identity of the personal information for the examination and registration, the establishment of registration files and regular verification of updates; issued a token of the authenticity of personal identity information, Loaded on the Web page in which it is engaged in merchandising activities.

This means that the shop does not have to do business license will also be differentiated, some of the low volume of personal sellers, such as temporary second-hand or idle goods transactions, can be considered to the trading platform enterprises to manage, but must check their true identity information. For other large sellers, to license and tax, according to China's existing tax law, operating enterprises in the online transactions should pay 17% value-added tax, such as just buy and sell the store, pay 4% VAT.