19 days " law of electronic business affairs (draft) " refer standing committee of countrywide National People's Congress the 3rd times to discuss. Avoid big data " kill ripe " , the normative behavior that build carry out, make sure cash pledge is returned... draft makes a provision to problems of a series of heat of electronic business affairs.
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Avoid big data " kill ripe " eliminate " one person one price "
Same businessman, same product, different consumer faces different price possibly however. This kind is denounced generally by netizens " big data is killed ripe " phenomenon, be called by industry " the consumer that is based on big data algorithm is discriminated against " , it is operator of electronic business affairs substantially through collecting user picture, pay ability, pay apiration, accomplish " one person one price " , appear even " member price " prep above is normal the strange elephant of the price.
To this, draft 3 go over a manuscript or draft increased a provision:
The feature such as habit of the interest interest of operator of electronic business affairs according to consumer, consumption promotes commodity to perhaps serve to its, ought to offer the option that is not aimed at its individual feature to this consumer at the same time, esteem and equal protection consumer are lawful rights and interests.
Zhang Tao of director of office of Beijing Hua Xun's attorney thinks, through law the regulation avoids operator of electronic business affairs to make adverse to consumer discriminate, the fairness that is helpful for guaranteeing customer trades authority.
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Hint the behavior that build carry out respects right of consumer know the inside story
Plane ticket, train ticket is reserved in electric business platform, on the page however without foundation appears the additional service such as anteroom of hotel, honoured guest, still was hit by acquiesce tick off...
Plant in the light of this " Xiang Yu the Conqueror builds carry out " phenomenon, draft 3 the provision increases in going over a manuscript or draft:
Operator of electronic business affairs builds carry out commodity to perhaps serve, ought to submit to with striking pattern consumer attention, perhaps must not serve the commodity that build carry out the option that agrees as acquiesce.
Courtyard of law of Chinese people university teachs Liu Jun sea to think, enroach on of the behavior that build carry out the fairness of consumer trades authority. Draft the 3 relevant provisions in going over a manuscript or draft, be helpful for making honest credence, fairness just, much win share, include environment of cautious modes of life and relation to their environment of market of electronic business affairs.
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Make sure cash pledge is returned smoothly
Do not think reoccupy some shares bicycle, cash pledge cannot be returned tardy however, had you encountered this kind of irritated worry?
To this, draft 3 go over a manuscript or draft make specific provision:
Operator of electronic business affairs according to what make an appointment with cash pledge of directional consumer collection, ought to bright the pattern that shows cash pledge to return, program, must not return a setting to cash pledge unreasonable condition. Consumer applies for to return deposit, accord with cash pledge to return a condition, operator of electronic business affairs ought to be returned in time.
Xue Jun of dean of courtyard of Beijing University law expects 3 go over a manuscript or draft can make make clear further, how is the risk of cash pledge controlled for instance, how does superintendency Zhang date fulfil special tripartite etc.
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Will small business bring into operator of electronic business affairs
Arrive from small business network direct seeding, electronic business affairs in recent years ecbolic a many new form, also caused people the controversy of operator of business of whether attributive to relevant main body cable.
To this, draft 3 go over a manuscript or draft to make to the category of operator of electronic business affairs refine a regulation further:
Operator of electronic business affairs is to show through the website such as Internet subsidiary channels in the human body through which vital energy is engaged in distributors is tasted or providing the natural person of the management activity of the service, legal person and illegal person organization, include the operator of platform of electronic business affairs, operator inside platform and the operator of electronic business affairs that serve to distributors is tasted or provide a service through building website, other network oneself.
Alamusi of vice director of council of law of policy of society of Chinese electron business affairs expresses, draft 3 go over a manuscript or draft with " other network serves " covered the form such as small business, direct seeding, accord with the tendency that electronic business affairs develops quickly, strengthened law thereby include quality.
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Fragmentary and small trade can avoid at industrial and commercial register
Use spare leisure time to open a net store, be engaged in fragmentary small sale, does need go is door of The Ministry of Commerce and Industry registered?
To this, draft 3 go over a manuscript or draft to set clearly:
The individual is engaged in " fragmentary and small trade activity " do not need to deal with market main body to register.
Zhang Tao of director of office of Beijing Hua Xun's attorney thinks, fragmentary to be engaged in small trade mobile individual absolves market main body to register, can reduce the burden of these people, also reflected the spirit that law is encouraged and promotes development of electronic business affairs.
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