Legislation of the electric business faltering

Currently being developed, the most influential, the most important to the electricity business, the comprehensive electricity laws and regulations have two: one is led by the State administration of industry and commerce, "Network commodity trading and service regulation"; the other is the network retail management regulation led by Mofcom





Legal weekend journalist Sun Zhenhua





after more than 10 years of development, E-commerce is gradually infiltrated into people's daily life.





however, at present, with the lack of relevant laws of E-commerce, the domestic e-commerce sector has become the hardest hit by consumer complaints. Among them, the price war, false promotions, express chaos, after-sales service, information leakage and other issues increasingly prominent.





a few days ago, some media said the relevant departments are working on the regulation of electricity, and is expected to be introduced this year. Reporters on related issues to participate in the "Network Retail Management regulations" drafted by the Chinese E-commerce Research Center, a special researcher Zhang Yanlai.





rule of Law weekend: Some media said that the enactment of the electricity business legislation is expected to be introduced this year. Can you simply talk about the current state of legislation?





Zhang Yanlai: Currently being developed, the most influential, the most important to the electricity business, the comprehensive electricity laws and regulations have two: one is led by the State administration of industry and commerce, "Network commodity trading and service regulation", and the other is the Ministry of Commerce led the "Network retail management regulations." For a long time, it is only by several basic laws to regulate electricity business, such as civil law, contract law, and so on, it needs to be combined with tighter regulations.





rule of Law Weekend: "Network retail Management Regulations," the main body of the norms included? Different from the law of the standard offline trading, what are the characteristics of the problems arising from the electronic business transactions?





Zhang Yanlai: The main body of the legal norms of the network retail Management regulation includes: Electric business platform, such as Jingdong, when these trading platform, as well as a large number of platforms on the electricity quotient, and the government industry associations and other subjects are included in the scope of the norms. When we made the draft, it was suggested that the payment enterprises, logistics express industry, etc., should be in the legal norms of the main body, in short, all aspects of the electrical business involved in all the subjects should be involved.





in my opinion, the electric quotient standard is not suitable to stipulate the high threshold. On the contrary, we should encourage the vast number of electrical dealers to achieve online transactions.





However, in practice, the problems of the electrical business are also very prominent. Unlike the real merchant's problem, many of the electrical business disputes are related to intellectual property rights, infringement of trademarks, sales of fakes, free use of other businesses display pictures and so on. Also, because the price on the network is more transparent. Some businesses, through weak text, and so on to denigrate the competition of the phenomenon of a large number of problems, involving unfair competition.





rule of Law weekend: the relevant laws have been delayed, where do you think the legislative difficulties?





Zhang Yanlai: "Internet Retail Management regulations," the drafting of the year before the year has begun, specifically by the Ministry of Commerce led the drafting. The Regulation on Internet commodity trading and services, led by the State Administration for Industry and Commerce, was drafted last year. Research, basic drafts are out, are now entering the legislative discussion, evaluation stage.





I think that the reason why the relevant legislation of the electric business is slow, mainly because of the development of the electricity business will continue to appear new problems, the law will also be adjusted.





and, the behavior of the electric merchant is various and complex, it is quite difficult to include in a law. For example, only by setting a standard for price warfare, it may be difficult to define new unfair competition behavior instead of price wars. Therefore, we should analyze the type and nature of the industry and formulate a relatively stable and forward-looking law to regulate the industry in the long run.