It is of great significance to deeply understand the situation changes brought by e-commerce law and analyze the influence of e-commerce law on government supervision and enterprise development, so as to speed up the compliance work of enterprises and improve the enforcement of laws by the government and enterprises.
The implementation of "Electronic Commerce Law" has brought new changes.
(A) E-commerce services more standardized
The "Electronic Commerce Law" clarifies that electronic commerce refers to the business activities of selling goods or providing services through information networks such as the Internet. It is clear for the first time that e-commerce not only regulates the behavior of selling goods through information networks such as the Internet, but also regulates the behavior of providing services through information networks such as the Internet. Therefore, providing services through various online platforms such as car rental, take-away, tourism and housekeeping also falls within the jurisdiction of the Electronic Commerce Law. For these network service platforms, they should not only be bound by the industry management regulations of the corresponding industry authorities, but also be supervised by the e-commerce law, and the services under the dual supervision will be more standardized. In addition, considering the particularity of some service industries, the law also clarifies that financial products and services, as well as services that provide news information, audio-visual programs, publishing and cultural products through information networks, do not fall within the jurisdiction of the e-commerce law.
(b) The operation of e-commerce will be more open and transparent.
E-commerce law starts from two aspects, so that the national regulatory authorities and consumers can have a more comprehensive understanding of the information of e-commerce operators. First, the e-commerce law requires e-commerce operators to register as market entities and fulfill their tax obligations according to law, so that the regulatory authorities can have a more comprehensive understanding and grasp of the information of e-commerce operators and effectively support the formulation of national e-commerce policies. Second, the e-commerce law requires e-commerce operators to continuously publicize the business license information and administrative licensing information related to their business in a prominent position on their home pages, and requires operators to update the publicity information in time when the information changes. This measure enables consumers to have a more comprehensive understanding of the information of operators, and the legitimacy of operators is further recognized.
(c) Dishonest business practices will be effectively curbed.
E-commerce law puts forward corresponding requirements for e-commerce operators to operate in good faith from many aspects. First, the e-commerce law requires e-commerce operators not to make false or misleading commercial propaganda to deceive or mislead consumers by fabricating transactions and user evaluation. This clause will make the traditional dishonest business practices such as brushing bills and inducing praise strictly controlled by law. Second, the e-commerce law requires the operators of e-commerce platforms not to delete consumers' comments on the goods sold or services provided in their platforms. This clause protects consumers' evaluation right from the legal level, and blocks the regulatory loopholes that dishonest enterprises try to delete users' real evaluation through the platform, and the importance of user comments is further enhanced.
(D) E-commerce platform is more standardized in data utilization.
The e-commerce law requires that e-commerce operators should abide by the provisions of laws and administrative regulations on the protection of personal information when collecting and using users' personal information, and also puts forward additional special requirements. First, the e-commerce law requires e-commerce operators to provide consumers with search results of goods or services according to their hobbies, consumption habits and other characteristics, and should also provide consumers with options that are not aimed at their personal characteristics. This clause regulates the platform's use of personal data for accurate advertising marketing, and guarantees consumers' right to freely choose goods. Second, the e-commerce law requires e-commerce operators not to set unreasonable conditions for user information inquiry, correction, deletion and user cancellation. This regulation regulates the platform's control behavior on personal data, protects the rights and interests of individuals to inquire, delete and destroy personal information, and further conforms to the protection of personal information data in the EU.
Monopoly competition will be gradually curbed.
E-commerce law requires that e-commerce operators have a dominant position in the market because of their technical advantages, the number of users, their ability to control related industries and other operators' dependence on e-commerce operators in transactions, and shall not abuse their dominant position to exclude or restrict competition. In this sense, in the past two years, the "two-choice" requirements or subsidies between major platforms in order to compete for users are all suspected of violating the e-commerce law. With the promulgation of e-commerce law, the effective integration of development and reform, industrial and commercial anti-monopoly functions, and the establishment of the State Administration of Market Supervision, the country's anti-monopoly ability in the Internet field will be greatly strengthened in the future.
The influence of the implementation of e-commerce law
(A) a large number of industrial and commercial registration and tax issues
E-commerce law requires e-commerce operators to register market entities according to law and fulfill their tax obligations. Because a large number of sellers on the C2C platform of e-commerce belong to individual sellers, many of them have never done business and tax registration before. These individual sales groups have the characteristics of large number, small business scale, wide scope of practice, frequent changes and strong mobility. For these sales groups, the traditional offline individual industrial and commercial households or enterprises registration and tax payment methods will not be able to meet the registration needs of a large number of individual sellers in the short term. In the long run, due to the great differences between individual sellers and enterprises, and frequent access, it is impossible to achieve efficient management of market registration and tax collection for individual sellers through offline mode.
(2) Some business models such as bidding ranking of enterprises are blocked.
E-commerce law requires e-commerce platform operators to show the search results of goods or services to consumers in various ways according to the price, sales volume and credit of goods or services, and should clearly "advertise" the goods or services ranked by bidding. The requirement of clearly labeling "advertisement" will seriously frustrate the behavior of inducing consumers from behind through bidding ranking, and the user conversion rate of bidding ranking mode will bring a severe test With the in-depth implementation of e-commerce law and the improvement of online consumers' cognitive level, the bidding ranking model will be more standardized, and the era of inducing consumers to choose and seek commercial violence through bidding ranking will never return.
(C) the regulatory model of regulatory agencies can not keep up with the new requirements of legal supervision
E-commerce law restricts the behavior of e-commerce operators in many ways and puts forward many binding provisions. However, compared with the current government's supervision and law enforcement means, according to the requirements of e-commerce law, the network platform has the characteristics of massive users, spanning time and space and changing rapidly. To achieve effective supervision, it is obviously difficult to keep up with the current government's law enforcement means and technical support capabilities. For example, for the requirements of business license publicity, if the platform does not have a strict governance mechanism for business license publicity, and the government does not adopt digital and networked means for online supervision, then business license information cannot be discovered in time without publicity and change. In addition, e-commerce operators are required to have legal requirements in personal information collection and precision marketing. If the regulatory authorities do not have effective technical support means, it is difficult to achieve effective and in-depth supervision, and it is even more difficult to achieve illegal prosecution.
Countermeasures and suggestions
(a) to urge enterprises to operate in accordance with the e-commerce law.
In order to let enterprises know more about the content of e-commerce law and ensure that the formal implementation of the law can operate in compliance, the following aspects need to be done well. First, increase the publicity of e-commerce, especially for small and medium-sized e-commerce enterprises and individual e-commerce operators. Legal departments at all levels should hold various publicity meetings and training meetings, increase the publicity of e-commerce law popularization, let them deepen their understanding and understanding of e-commerce law, and adjust and improve their business strategies in a timely manner according to legal requirements. Second, for large-scale e-commerce platforms, it is necessary to hold regular e-commerce legal exchange meetings, closely track the progress and problems faced by large-scale e-commerce platforms in complying with e-commerce laws, and discuss research countermeasures in time. Third, give full play to the role of e-commerce associations and alliances at all levels in the popularization of e-commerce law, make good use of their platforms, and organize experts in the fields of industry and law to conduct in-depth publicity and compliance guidance within enterprises to ensure the smooth operation of large-scale e-commerce platforms after the implementation of e-commerce law.
(2) Accelerate electronic industrial and commercial registration and tax collection and management.
Facing the massive registration and tax collection in industrial and commercial registration, market supervision and tax collection departments need to promote the reform and innovation of service model. To this end, they need to do the following three things: First, accelerate the electronic registration of individual industrial and commercial households and enterprises, improve the docking mechanism between the industrial and commercial registration system and the large-scale e-commerce platform system, and realize the large-scale, batch and instant registration and cancellation of industrial and commercial registration of e-commerce platforms. The second is to speed up electronic tax payment, improve the docking mechanism between the golden tax system and the large-scale e-commerce platform system, and realize the withholding and payment of taxes by the e-commerce platform for a large number of e-commerce operators who have settled in the platform. Third, relying on the electronic business registration and tax collection and management system, improve the statistical system of e-commerce, improve the statistical index system and data collection mode, strengthen data cross-comparison, association mining and trend prediction, and improve the ability of in-depth analysis and prediction in the fields of economic operation, social development, people's livelihood services and social management.
(3) Encourage enterprises to carry out business innovation and competition under compliance conditions.
At present, the Electronic Commerce Law is both a supervision law and a promotion law. Under legal conditions, it is very important to encourage enterprises to promote business innovation. To this end, we need to do the following work: First, urge e-commerce operators to strictly abide by the provisions of relevant laws and administrative regulations, including e-commerce, when collecting and using their users' personal information to carry out business model innovation, and not to use personal information to kill big data, unreasonably recommend and excessively dig personal information. Second, encourage large-scale e-commerce enterprises to strictly abide by the Anti-Monopoly Law, carry out fair and orderly market competition, do not abuse market dominance to exclude or restrict competition, and support industry innovation and development. The third is to encourage e-commerce platform enterprises to improve the platform operation rules and governance mechanism while promoting business innovation, and build a benign, sustainable and healthy platform ecosystem.
(4) Promoting the innovation of regulatory governance means and models of regulatory agencies.
The implementation of "Electronic Commerce Law" not only brings new challenges to the innovation of business model of enterprises, but also brings new challenges to government governance. In order to improve the ability of market supervision departments to supervise and manage the e-commerce market and better implement the enforcement of the E-commerce Law, the following work needs to be done: First, to meet the needs of network market supervision, to speed up the rationalization of the network market supervision system and mechanism, to clarify the division of functions and cooperation methods of departments, and to clarify the cross-departmental, cross-regional and cross-level collaborative governance model. The second is to speed up the construction of a unified national e-commerce supervision and governance platform, strengthen the system docking with important e-commerce platforms, promote digital, networked and platform-based supervision, and improve the ability of post-event supervision and cross-departmental, cross-regional and cross-level collaborative supervision. The third is to strengthen the application of Internet of Things, big data, artificial intelligence, blockchain and other technologies in the regulatory governance platform, promote automatic data collection, data correlation comparison and intelligent supervision, and improve the capabilities of automatic perception, deep governance, intelligent supervision and information traceability.