Alibaba's listing has attracted much attention, which indicates the good development momentum of China's e-commerce market, and the development of e-commerce will inevitably lead to the transformation of the entire electronic payment industry chain.
However, as the core of e-commerce development, the transaction security problem has not been completely solved. How to ensure the confidentiality of information, the certainty of traders' identity, the undeniable and unchangeable trading business has become the key and difficult issues in the promotion of e-commerce.
● More and more online transactions reveal that legal supervision is not in place, and the management of online shop operators by online merchants is not in place, and the responsibilities are not clear. E-commerce operators, online shop operators and network supervision departments can only build a harmonious network transaction security platform on the basis of clear responsibilities and effective supervision.
In the development of e-commerce in China, there are some problems that need to be solved as soon as possible, including electronic authentication, online payment, credit system, security precautions, standards and norms, market supervision and so on. The core of e-commerce in China is to build an e-commerce support system around these aspects.
Internet trade is booming and undercurrent is surging.
With the incomparable convenience of traditional shopping, online shopping has been accepted and recognized by more and more consumers. After years of development, a group of early online shopping users have formed a new lifestyle centered on online shopping.
According to different objects of e-commerce, online shopping can be divided into three typical modes: B2B(BusinesstoBusiness), B2C (business to consumer) and C2C (consumer to consumer).
According to the different commodities traded, online shopping can be divided into virtual services and physical objects. Virtual service websites mainly deal with virtual services, such as electronic booking and ticketing, electronic cards, online education, digital product downloading and so on. Physical shopping websites mainly trade in kind.
Although compared with developed countries, the online shopping market in China is still relatively backward in terms of transaction scale and user scale, with the increase of the number of netizens in China and the maturity of the online shopping market, the online shopping market shows great development potential.
Recently, China released the first "Eleventh Five-Year Plan" for the development of e-commerce. According to the plan, by 20 10, the proportion of online procurement and sales in the total procurement and sales will increase from 8.5% and 2% in 2005 to more than 25% and 10%; The proportion of small and medium-sized enterprises that frequently use e-commerce in the total number of small and medium-sized enterprises will increase from 2% in 2005 to 30%; Independent brands of key technologies, equipment and software of e-commerce will occupy more than 40% of the domestic market.
Data show that by the end of 2006, the online shopping transaction volume in China was 365.438+0.2 billion yuan, and the user market scale reached 436.5438+0 million. It is estimated that by 2065.438+00, the market turnover will reach 654.38+0.46 billion yuan.
Protecting consumers' rights and interests has become the top priority.
Faced with such a huge e-commerce market, the security of online transactions has been criticized since its birth.
According to the 2007 China Consumer Online Payment Application Survey Report released by E-commerce World, 4 1.7% people prefer online shopping, 56.6% respondents use digital certificates, and 79.5% respondents believe that security and convenience are the two major factors affecting online payment.
The core of e-commerce transaction is the security of online transaction, which still has many legal gaps in China's e-commerce transaction. As a trading platform, the legal status of many websites, such as Alibaba, Taobao, Treasure Island and Yi Bei, is also controversial. There has been no clear statement on the definition of its identity and whether it should be responsible to consumers in the transaction, and all parties usually hold their own opinions from different angles.
In the virtual world, the identity, reputation and assets of online shop owners are unknown, so there are great risks in the quality of goods and the performance ability of both parties. The operator's identity and address are unknown, which brings great difficulties to consumers' rights protection and cracking down on illegal and criminal activities.
Liu Deliang, director of the Network Law Research Center of Beijing University of Posts and Telecommunications, said in an interview: "The advantage of the vigorous development of e-commerce is that it has prospered the market and facilitated people's lives. However, more and more online transactions also reveal that legal supervision is not in place, and the management of online shop operators by online merchants is not in place, and their responsibilities are not clear. The consistency of rights and obligations is the basic principle of social equity. Only by clarifying the responsibilities and rights of e-commerce operators, online shop operators and network supervision departments and effectively supervising them can we build a harmonious network transaction security platform. "
In e-commerce transactions, the protection of consumers' rights and interests in China still mainly depends on the Consumer Protection Law, which is obviously weak in the face of complicated online transactions.
Information security problems occur frequently in online transactions, especially in electronic banks which are closely related to online transactions. New cases such as online fraud, phishing, stealing virtual property and network information are emerging one after another. For example, using Trojan virus to obtain digital information of consumer online banking; There are more and more cases of using bank websites with similar domain names or similar appearances to deceive consumers, trick users into entering user names and passwords, and transfer money through online banking after stealing information.
On the one hand, there are endless incidents of online banking theft, and on the other hand, banks have invested a lot of money to increase the protection of customer terminals. After spending a lot of money, the responsibility problem between banks and users has not been solved.
In this regard, Alamos, deputy director of the Policy and Law Committee of China Electronic Commerce Association, said that in terms of online transactions and network information security protection, China has no corresponding legal norms, and the legal status and responsibilities of many websites that provide trading platforms are also uncertain, which makes it difficult for consumers to guarantee their basic rights when shopping online.
Alamos believes that strictly speaking, in the process of online transactions, sellers should compensate consumers for property losses caused by loopholes in the seller's security system. However, it is difficult for consumers to prove that the problem is caused by the security risks in the seller's system. Banks and sellers often say that consumers' own passwords are improperly kept, such as computer poisoning, or the use of computers in public Internet cafes leads to password theft. In this case, the bank or enterprise is exempt.
In this regard, he suggested that we should speed up the legal construction of online banking, fully learn from the advanced experience of international online banking legal construction, improve the legal framework of online banking as soon as possible, and form a reasonable interest adjustment mechanism for commercial banks and customers. In the aspect of commercial bank behavior norms, the technical standard system and business standard system of online banking are established. At present, China is still in the primary stage of the development of online banking. Guide banks to strengthen information security management, promote the establishment of standardized internal audit management rules and workflow by issuing online banking security assessment guidelines, internal management guidelines and other non-mandatory forms, adjust the rights and obligations between banks and consumers in a timely manner according to the actual development of online banking business, clearly stipulate the review obligations of banks when executing payment instructions, and give consideration to transaction efficiency and payment security objectives.
Relevant monitoring regulations need to be promulgated in time.
"It has been 13 years since the promulgation of 1994 Regulations on Security Protection of Computer Information Systems. Obviously, this provision cannot completely solve all the network legal problems. The absence of laws and the emergence of inadequate phenomena make illegal and criminal acts seem to be still fearless. We still do not give us a strong sense of security for the legal environment of information security at any time and place. " Alamos said.
He also said: "In terms of information security policies, laws and regulations, the serious shortage of basic laws is one of the main reasons. Strictly speaking, there are only a few laws related to information security, such as criminal law, electronic signature law, law on guarding state secrets and national security law. In other words, at present, basic laws only account for about 5% of China's information policy laws and regulations. Information security law, personal data protection law, electronic transaction law and electronic payment law are still in the expectation of the industry and scholars. Although policies and regulations, departmental regulations and local regulations are more detailed, they still lack strong legal protection in a strict sense. "
Liu Deliang also said that the premise of e-commerce is safety and efficiency. At present, there are still some problems to be solved urgently in the development of e-commerce in China, including electronic authentication, online payment, credit system, security precautions, standards and norms, market supervision and so on. The core of e-commerce in China is to build an e-commerce support system around these aspects. At present, strengthening the supervision of China's e-commerce market has been listed as one of the main tasks of developing e-commerce, which is urgent. On the one hand, the object of supervision is the main body of e-commerce activities, including all kinds of enterprises, institutions and staff; On the other hand, it includes electronic contracts and online product information.
"The trust of both parties in e-commerce transactions often becomes an important indicator to evaluate the order of e-commerce, in which the identity of the website organizer and the authenticity, legality, effectiveness and openness of goods and services become important contents. Because the relevant legal obligations to the organizer-online transaction service provider are not perfect, the legitimate rights and interests of consumers can not be effectively protected, and offenders and infringers can not be punished as they should. Therefore, it is particularly important to strengthen the construction of e-commerce credit system. " Liu Deliang said.