A: It is "e-commerce" or "online sales".
See below for details:
At present, the largest CtoC website sells a product every 7 seconds, with a daily transaction volume of 4 million RMB. Behind the active online transactions is a zone that the law has never touched-
After accumulating experience in buying and selling, many netizens simply recognized their products and set up shops on them, turning full-time jobs into businesses in Yi Bei. At present, there are more than 50,000 individual storefronts in Yi Bei (qualification is not limited, but storefronts only have product information) and 5,000 paid storefronts (storefronts can have their own bulletin boards and links to related web pages, but sellers can only apply if their previous trading credit record in Yi Bei reaches 3 stars). At present, there are few restrictions on opening online stores. A second-hand mobile phone shop has a good business. Even my father came down to help, collecting money and delivering packages. In addition, seven laid-off workers are employed at home.
CtoC changes face
Nowadays, there are many such "online shop owners".
Since 1999, with the upsurge of Internet, person-to-person electronic commerce (CtoC) has gradually entered the field of vision of China people, but the situation at that time was fundamentally different from today. At first, the idea of CtoC e-commerce model on the Internet was an online second-hand flea market: a person posted information about things he no longer used or left idle on the Internet, waiting for people in need to buy them. Obviously, this is a short-term behavior, and one thing is sold less. However, this simple model is difficult to bring benefits to CtoC website, and the influence of the website itself in a transaction is even less, because the role of the website in this relationship is essentially only a news release platform. At that time, someone once commented on the e-commerce model: "BtoB is the top priority, BtoC is the future direction, and CtoC will be nonsense for a long time."
I don't know when it started. Slogans like "free online shop to start a business" and "online shop to do business" have been shouted from the mouths of major CtoC websites. With constant slogans, CtoC mode has undergone essential changes. Today, when you open CtoC websites such as Taobao, Yi Bei and Yabao, your seller is no longer the name "XXX", but the names of online stores such as "XX Boutique", "XX Specialty Store" and "XX Fashion Store". Most of the goods sold at this time are no longer second-hand, but brand-new goods with good packaging. And this kind of behavior has also developed from the occasional personal second-hand transfer behavior to today's normal, continuous and profitable business behavior.
The role of CtoC website has also begun to change. They spare no effort to organize online stores to hold various limited-time auctions, ranking of popular goods and ranking activities of popular online stores, publicize their online stores through advertisements and other forms, and open up two major joints: credit and payment through certification rating system and collection system. At this time, CtoC website began to divide into two groups: the free group represented by Taobao and the charging group represented by Yi Bei, and the profit model of CtoC website became increasingly clear. Take Yi Bei as an example. Shops mainly put goods on the counter of their own online stores, and they need to pay a login fee. Setting a low price requires paying a low price setting fee; You need to pay the recommendation fee to promote your products; When the final transaction is successful, you also need to pay the transaction service fee. In this brand-new CtoC mode, except for distribution logistics, the influence of CtoC website runs through almost every link from the credit authentication of buyers and sellers to the final payment. At this time, CtoC website is no longer just a simple online second-hand goods information publishing platform, but more like the property owner of an online virtual mall. Provide online stores with virtual counters in the form of online storage space, trading platform and data management, and provide them with unified packaging and publicity services.
Is it illegal to open a shop online?
Because the mode provided by the mainstream CtoC website has become a pure commercial behavior, its essence is no different from the real self-employed business. However, according to the relevant regulations of the state, individual industrial and commercial households must register with the State Administration for Industry and Commerce and obtain business qualifications before they can operate within the permitted business scope, and opening a shop online has not gone through any administrative examination and approval procedures at all. In addition, according to the current Individual Income Tax Law of People's Republic of China (PRC), "the income from the production and operation of individual industrial and commercial households and the income from the contracted operation and lease operation of enterprises and institutions shall be subject to an excessive progressive tax rate of 5% to 35%". Since the online shop has not gone through any administrative examination and approval, it is naturally impossible to levy taxes. That's the truth. The seven online shop owners interviewed by the reporter through the internet never thought about paying personal income tax, and no one could even provide invoices for the goods they sold. In this way, it is obviously illegal to open a shop online, and CtoC websites such as Yi Bei, Taobao and 8848 are obviously suspected of illegal operation.
Is it legal to open a shop online, and is CtoC website, which provides a platform for it, suspected of illegal operation? With these two questions, the reporter contacted the relevant state administrative departments and industry insiders to find the answer.
A woman from the State Administration for Industry and Commerce told reporters on the phone that since there are no specific regulations on CtoC sales on the Internet, it is still "hard to say" whether its behavior itself is legal and whether the related websites are suspected of illegal operation. A person in charge of the State Taxation Administration of The People's Republic of China Press Office told reporters that "the current situation is still unclear", but "if there is news in this regard in the future, State Taxation Administration of The People's Republic of China will uniformly announce it to the media."
A woman in charge of "Red Shield 3 15" in Beijing Industrial and Commercial Bureau told reporters: "There is nothing wrong with the traditional CtoC e-commerce model, because it is only an accidental behavior. Although the goods sold are second-hand or brand-new goods, this accidental trading behavior is ultimately not for profit, so it will not involve industrial and commercial administrative examination and approval and income tax payment at all. However, the current mainstream CtoC model is a continuous operation behavior with profit as the ultimate goal, which is really not essentially different from individual industrial and commercial households in reality. "
"In reality, these behaviors definitely need registration and approval, so that consumers have a basic guarantee." The lady in charge said. She told reporters that for the related CtoC websites, Red Shield 3 15 is not completely compulsory at present. In addition, the business scope of each website is roughly defined, and there is no specific refinement. However, we have been paying attention to this development, and there will be related in the future. Finally, the lady in charge told the reporter: "It's hard to say whether those CtoC websites are operating illegally, but the online stores below them don't need approval or tax payment, which is really a loophole in the law."
Alamos, deputy director of the Policy and Law Committee of China Electronic Commerce Association and CEO of China Electronic Commerce Law Network, also expressed the same view to reporters on the phone. Since most of these online stores cannot issue formal invoices, at least in terms of taxation, it is indeed a loophole in the law. "Although the laws and regulations specifically for this area have not yet been promulgated, in essence, because its business entities have not passed any examination and approval and do not have business qualifications, their actions are illegal." At the same time, he also said that due to the rapid development of e-commerce, the relevant laws and regulations can't keep up for the time being, but with the passage of time, these laws and regulations will certainly be gradually improved, and the behavior of opening stores online will be gradually standardized. In the future, with the improvement of laws and regulations, as well as the introduction of electronic contracts and electronic signatures, the online shop opening model will gradually become formal. "This process takes about two to three years. At that time, it can be said that the current CtoC online shop opening mode is illegal and will inevitably be hit. This is the same reason that legal imports are developed and smuggling will inevitably be hit. " As for the related CtoC websites, Alamus said that their own approval is naturally quite sound. "But this CtoC online store provides a platform for charging, which is really a legal edge ball."
Development and standardization
In personal online stores, it happens from time to time that customers can no longer contact the shop owner after payment. Some online customers find that the goods in their hands are far from what the shop owner introduced after successful transactions. Before March15 Consumer Rights Day this year, the State Administration for Industry and Commerce announced the top ten hot spots of consumer complaints and reports in 2003, and online shopping was impressively listed.
With the development of information technology, technical restriction is no longer the main problem that restricts the development of e-commerce. People in the industry generally believe that with the gradual solution of logistics problems and payment problems, credit problems are gradually becoming the main bottleneck of online shopping. In the current online shop opening relationship, because there is no industrial and commercial administrative examination and approval process, it is far from enough to rely solely on personal reputation and website authentication system to solve the problem. The healthy development of e-commerce ultimately needs legislation and follow-up management.
In the early stage of an industry's development, too many rules and regulations may indeed restrict its development in turn. Since e-commerce is a new industry after all, there are not many successful models that can be directly copied. From the perspective of macro-management, it is natural to leave more space for e-commerce practitioners. This idea of "developing first and standardizing to keep up" is understandable. The key is to grasp the opportunity to change from "promoting development" to "tree standardization".