The rules of Chinese electronic commerce in urgent need of legalization

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Disclaimer: This article is purely a personal opinion of the author and is welcome to criticize. The first one is to put forward the concept of e-commerce segmentation problem, the second proposed to E-commerce misunderstanding, more wordy. If you don't have the patience to watch, skip straight to the main point of view 三、四条.

I. The concept of e-commerce services

As an important branch of Internet Information Service, e-commerce service has made great progress in recent years. But many concepts are often confused, even in the media. With the development of e-commerce, its industry is also changing, there are many new forms, so it is necessary to make a more detailed division.

The following is my personal understanding, I hope that more experts and scholars and practitioners to put forward their views.

E-commerce and E-commerce services are two concepts, E-commerce is a special form of business activities, and for enterprises to provide product release, online orders and other functions or e-commerce software and hardware, technology, called E-commerce Services.

E-commerce Information Services in which we are more familiar with, such as: Alibaba, when, Taobao, including many industry sites are e-commerce information services enterprises. and provide E-commerce software and hardware, technical services providers are often not attributed to E-commerce services. This includes: Online customer service software, electronic signature technology, business message platform, including many software companies also began to turn to E-commerce services, domestic including Ufida, Kingdee software. Another concept that has to be mentioned is SaaS (Soft as a service, software as services), and many SaaS software vendors provide software products with E-commerce services and should be classified as e-business services. (To tell a digression: SaaS is not necessarily the online B/s structure of software, this is a relatively large misunderstanding.) Questions about SaaS Software will be specifically discussed in the future

E-commerce services should be divided into E-commerce information Services and E-commerce application technology services. We should have a more open vision, E-commerce is no longer a talk is b2b/b2c/c2c, a talk is Alibaba. The forms of e-commerce service are more and more diverse, and the whole industry chain is more and more rich. So it is unrealistic to rely on a single company to try to establish a complete e-commerce service chain.

Second, E-commerce is not to leather traditional business life

The use of E-commerce means full networking, which is the biggest misunderstanding of E-commerce. Often there are many news reports, even experts talk about the obstacles to promote e-commerce development, often cited, e-commerce can not ensure the quality of goods, must be inspected, must go to the field inspection, thus hindering the development of E-commerce.

E-commerce is not the life of traditional commerce, but also the life of traditional business. For many industries, the traditional business link is necessary, the goods are not directly sent to you in digital form, nor copied out, can not completely exclude quality problems. The same e-commerce can contain traditional business links, such as through online transactions, does not mean that the buyer does not need to go to the other warehouse inspection. The combination of electronic commerce and traditional business links is what we should look for and realistic mode.

Third, the integrity system is to establish the rule of law of the game

Credibility is the main problem in China's e-commerce, so the establishment of a good faith system is almost a consensus. That's what is often heard: looking for an e-commerce game. Each E-commerce service company is looking for and developing its own rules of the game.

I just added the rule of the game in front of the "legalization" of three words, it looks like nothing new. Actually very different, what is the rule of law? The rules of the rule of law, is the government issued a corresponding legal system of good faith! Instead of relying solely on the E-commerce services company's own so-called "integrity index."

Good faith in business activities is not only a moral issue, not only the choice of customer indicators, but may involve legal issues. The integrity system cannot be established by any business organization engaged in E-commerce services, but should be established by the Government through strict legal policies to establish an effective integrity system, all the enterprises involved in E-commerce, as well as E-commerce service companies themselves, should be under the supervision of the integrity system. E-commerce service companies can not become the rule of law of the formulation of rules, but only to become participants, and the integrity of the system under supervision.

At present, China has issued a number of corresponding policies, but the complete E-commerce services legal system is still far away, this will take a certain amount of time.

Iv. Electronic payment requires strict regulatory mechanisms

Electronic payment system is an important link in electronic commerce, and it is also the most special link. Covers the financial, tax and other issues, is not a simple e-commerce activities. Electronic commerce in essence and traditional business is not much different from the traditional business in the payment system has a relatively strict regulatory mechanism, and in the electronic payment of the lack of relevant policy basis to implement effective supervision.

If the integrity of the system in the early one or two companies to develop their own rules of the game, it can be accepted. But if the electronic payment system is monopolized by non-financial institutions, it could lead to unpredictable crises. If the payment company includes financial activities such as lending, the problems may be more serious. As a financial institution itself, banks have a large amount of bad debts each year and are helpless at the risk of many crises, not to mention an electronic payment company? Any commercial bank should strictly abide by the financial policies of the people's Bank, such as the clear credit.

PayPal's successful application proves the feasibility of a third-party electronic payment platform. However, in the enterprise and enterprise-level payment, People's bank and other relevant institutions need to have relevant legal policies, effective supervision, to avoid crisis.

The following questions may be facing us and need to be discussed by relevant professionals.

1. Should it be a fully independent third party institution? 2. Still allow electronic payment platforms to be provided by E-commerce services companies?

3. What role should the People's bank play in it? 4. Are foreign participation allowed?

Conclusion：

Along with the development, the electronic commerce business State also changes, also began to subdivide. E-commerce service is a special industry, facing no longer a one-to-one business activities, but covers a number of aspects, it is urgent to produce the rules of the rule of law to establish a good credit and payment environment, reduce risk. To enable more and more SMEs to participate in, as E-commerce services enterprises, must recognize their role, do not cross their own business scope. The whole industry will be healthy development.

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