The construction of legislation system in the emerging field of online shopping is urgent

Recently, the State Administration for Industry and Commerce and the Chinese Consumers Association separately interviewed major domestic major electricity suppliers, requiring them to conduct self-examination and rectification within 30 days after the conclusion of the talks and earnestly implement the "No Return on the 7th" requirement.

Behind the interviews with government departments is the new revised "Consumer Protection Law," promulgated and implemented after the implementation of Article 25 of the "no reason to return on the 7th," the provisions of the scope of application and the specific implementation of the standard is not clear, there Different understanding, resulting in the return of consumer complaints hot spots. A survey conducted earlier showed that 95% of Internet users were "not very satisfied" or "very dissatisfied" with the online shopping enterprises' implementation of the "New Consumer Law" for no reason to return on the 7th.

Experts said that at present, the domestic specific legislation on e-commerce has not yet been promulgated. With the increase of the share of e-commerce in the retail market and the rising number of law-related cases concerning online shopping, it will force the e-commerce legislation to speed up the formal issuance of the e-commerce legislation.

Legislation is lagging behind

"No reason to return within seven days" is different from the "Three Guarantees" in the return provisions, it is to protect the consumer's "right of regret." The online shopping is online shopping, can not see the real product, so after seeing the kind, consumers are not satisfied with the provisions of the return can protect the rights and interests of consumers. In fact, due to the new regulations for the scope of application and the specific implementation of the standards are not clear, resulting in the protection of consumer online shopping powerful weapon is difficult to play a protective function.

In the same way as the controversy triggered by "no reason to return within seven days", China E-Commerce Research Center released the first top 10 typical e-commerce laws in China's e-commerce legal report 2013-2014 released on July 9 Cases, are more or less unclear the law or the law lags behind.

Typical examples of these top ten e-commerce include the case of astronomical QQ number attribution, the departure of overseas flight attendants smuggling case final trial, online shopping consumer rights sued Lynx seller "fake a compensable million" case, Dangdang (14.09,0.49,3.60%) sales of non-compliance Health products were sentenced to ten times the compensation case, the public comment network reported Baidu (226.5,22.23,10.88%) claims of infringement and unfair competition up to 90 million cases, Amazon (324.01, -34.60, -9.65%) China "delete orders" Lost, the first case of bitcoin trading platform fraud, "Pacific direct marketing network" network pyramid scheme, Lynx, Brewery and also buy wine and other well-known electricity supplier to sell fake wine "Lai Mao" case, the perfect lawsuit Woven Group Registration Trademark claims 550000 yuan case and so on.

"Dangdang sales of substandard health care products was sentenced to ten times the compensation case" as the non-compliance of electricity sales of food is a typical case of China E-Commerce Research Center, a special researcher, Zhejiang Tianyou Law Firm Yao Xiaojuan lawyer believes that "Food Safety Law" The provisions of "non-compliance with the safety standards of food," the plaintiff to require proof. The average consumer, there is no such proof capacity, and even in some cases, the manufacturer issued a fake certificate, you can not think that fake does not meet food safety standards, it may just fake other people's trademark only. In this case, the determination of the business sector played a significant role in the refereeing. In addition, Dangdang staff in the report admitted that they did not examine the purchase of qualified manufacturers in the material, but also affect the judge's subjective judgments important factor.

Demands consumers to increase the difficulty of consumer online shopping rights protection, and lawyers believe that the law should be more inclined to protect the disadvantaged consumers in online shopping. For example, in Amazon China "delete order case", the court ruled that consumers win. Zhejiang Golden Road Lawyer Zhang Yanlai believes that the Amazon website published "conditions of use", that is, only the site issued a delivery confirmation e-mail, the sale of the contract was established. In this case, the court made a decision to support consumers' appeal, which is an improvement.

Problems forced legislation

With the newly revised Law on Protection of Consumer Rights and Interests and the Measures for the Management of Internet Transactions, there are quite a number of articles that have become the guarantee in the transactions between E-commerce enterprises and consumers, like the "online regret right" E-commerce trading market has a positive role.

Zhang Yanlai lawyer believes that the new consumer law for online shopping consumers to give special protection, which is the development of China's electricity supplier to a certain extent, the inevitable result, while in the long run, but also conducive to enhancing consumer confidence in online shopping, online seller behavior constraints . Of course, there is always a limit to rights. There are no limits to the "right to regret". In the new law, there are several special cases that do not apply to "regret." It is also worth noting that consumers exercise "regret" rights Meet the "returned goods should be intact" and bear the conditions of freight.

However, there are still some imperfections in the legislation. Therefore, there are still many doubts in the actual operation. In particular, whether certain commodities are applicable to no reason to return goods and who will bear the return freight costs and so on. This also requires China from another level to speed up the establishment of a legislative system in the emerging field of online shopping.

On December 27, 2013, the Financial and Economic Committee of the National People's Congress held a "Timetable" for drafting the first drafting group and the first plenary session of the E-Commerce Law, setting the first time for the Chinese E-commerce legislation, that is, from drafting of the drafting group to December 2014 Special investigations and research projects and the completion of research reports, the formation of legislative outline. From January 2015 to June 2016, the draft law was drafted and completed.

From a time point of view, the legislative process is getting more and more disconnected from the rapidly growing online shopping market. The emergence of these problems will force the legislature to speed up the progress of the time. Prior to the establishment of the legal system as a whole, there are already some legal norms for some aspects of online shopping in various industries or in the industrial chain. For example, in the express delivery section, violence sorting, express delivery of information, delivery of prohibited articles, slow delivery, Loss compensation and other aspects of the normative policy.

To this end, the State Post Bureau issued a series of "unscrupulous mail delivery methods can not be returned" and "send service users personal information security management requirements" two to protect the healthy development of the industry regulations. On May 28 this year, the State Food and Drug Administration released the Measures for the Supervision and Administration of Internet Food and Drug Administration (Draft for Comment), and for the first time proposed to release the sales of prescription drugs in the e-commerce channels.