Electronic business affairs reachs the consumptive Internet that its bring, it is one of window with the largest development of estate of our country Internet. Legislation of electronic business affairs should encourage innovation, promote benign market competition, better a variety of development pain spot that in solving electronic commerce industry to grow, encounter. " law of electronic business affairs " last for future of industry of business of our country cable healthy progress built system frame, the future of electric business industry is sure more bright
Experience 5 years, 4 careful, 3 open, " law of electronic business affairs " the 5th times via standing committee of National People's Congress of 13 whole nations the conference voted recently through, will apply at rising on January 1 next year, business affairs of our country electron has a law to be able to be depended on from now on.
The electronic business affairs that develops flourishingly reachs the consumptive Internet that its bring, it is one of window with the largest development of estate of our country Internet all along, but permeate the electronic business affairs with wide, sharp change to be in as shirt-sleeve as hypostatic economy process, new case new issue emerges in endlessly. Accordingly, for legislation of electronic business affairs need answers two respects question, it is how to encourage innovation and benign market competition, 2 be how standard management, better a variety of development pain spot that in solving electronic commerce industry to grow, encounter.
" law of electronic business affairs " those who adjust is the relation between the operator inside electric business platform, platform and consumer. Be in considering consumer 3 person medium weak power position, on the base that protects a law in consumer rights and interests, the legal basis that rights and interests of farther tamp consumer protects, be " law of electronic business affairs " the jumping-off place of order of market of estate of normative cable business. Look from specific clause, " law of electronic business affairs " listened to each opinion extensively in draft and be discussed, this makes reach the legal clause of the stage can solve consumer more " pain spot " , also have operation sex more. For instance, in the light of consumer report strong contest price ranks brings misdirect, " law of electronic business affairs " the 40th regulation: "The commodity that ranks to contest price perhaps serves, ought to indicate significantly ' advertisement ' . " development of technology of big to accompanying data appears " kill ripe " price pattern, " law of electronic business affairs " also have a tie.
Afore-mentioned circumstances make clear, " law of electronic business affairs " be be practical and realistic not only to the protection of consumer rights and interests, also be in with when all is entered, in arrive from draft in 5 years of time of existing writings, from beginning to end change of development of follow closely industry is revised ceaselessly perfect.
Not only such, it is on pair of electric business platform and responsibility of electric business operator and compulsory cognizance, " law of electronic business affairs " carried out be practical and realistic likewise, with when the drive that all takes. For instance, "Healthy to relation consumer life commodity perhaps serves, operator of platform of electronic business affairs did not use up obligation of examine and verify to the aptitude qualification of the operator inside platform, perhaps did not use up safety to guarantee obligation to consumer, cause consumer to damage " , what kind of responsibility should electric business platform assume? To this, " law of electronic business affairs " 3 easy its stalk of grain, from " joint liability " arrive " additional duty " , final final version is " corresponding responsibility " , body reveals rigorous sex of law. Inside platform of processing of platform of electronic business affairs operator encroachs the responsibility respect of intellectual property, set in the draft before this, platform of electronic business affairs is in only " know perfectly well " the ability when the operator inside platform encroachs intellectual property ought to take step lawfully, but instead is repaired in final version " know or ought to know " , this also lets relevant provision there is operation sex more in prospective practice. After all, "Know perfectly well " maintain very hard, but " know or ought to know " OK however method of the technical capability according to platform, monitoring and complain a circumstance to try to maintain.
Besides the responsibility that emphasizes electric business platform and electric business operator and obligation, " law of electronic business affairs " more body is revealed encourage innovate and " turn on the water pisciculture " feature. For instance, stipulate operator of electronic business affairs ought to deal with market main body to register, but right " individual sale is produced oneself farming by-product, product of domestic handicraft industry, the mastery of a skill or technique that the individual uses him is engaged in need not obtaining a license lawfully civilian service activity and fragmentary and small trade activity " etc, need not use register.
In platform of business of li clear cable, operator and consumer 3 person besides the relation, " law of electronic business affairs " another key is to eliminate malign competition, build the environment of benign market competition with more orderly just fairness, to including operator brush sheet and trade phonily behavior, and how does electric business platform solve ill will to complain and even equality serves the field such as the retail trade below the line on the line, made sufficient provision, body reveals law to last to promoting an industry, the positive effect of stable, healthy progress.
" law of electronic business affairs " the operation guideline that is not get sth done once and for ever, in future still need to be perfected ceaselessly in particular executive procedure. From the point of the feedback that concerns electric business platform at present, how is the safe safeguard obligation of the person that expend in offset especially limitted and make clear " corresponding responsibility " , cross condition cable business how to handle the issue such as intellectual property conflict, need to consider the particular case of the industry, through a series of form a complete set executive detailed rules and judicatory explain more try to define explicitly.
" law of electronic business affairs " last for future of industry of business of our country cable healthy progress built system frame, the future of electric business industry is sure more bright.
