What is "e-commerce platform"?
According to the third review draft, e-commerce operators refer to natural persons, legal persons and unincorporated organizations engaged in business activities of selling goods or providing services through information networks such as the Internet, including e-commerce platform operators, in-platform operators and e-commerce operators selling goods or providing services through network services such as self-built websites.
2 1 day, at the seminar on "E-commerce-service industry in the new era" sponsored by Tsinghua University Law School, China E-commerce-Service Association and hosted by Beijing News, Zhou Hanhua, a researcher at the Institute of Law of Chinese Academy of Social Sciences, said that the development of e-commerce will go through four stages: 1.0 stage is the gateway to the traditional economy; In the 2.0 stage, merchants use third-party platforms to achieve extensive connections; 3.0 stage, using big data technology to allocate social resources; The 4.0 stage that has not yet arrived is a new economic form of platformization+intelligence.
In Zhou Hanhua's view, the provisions of the third review draft for e-commerce operators still focus only on online commodity trading, which is "not broad enough". At present, in the fields that need the most standardization and the most controversy, that is, the 3.0-stage platform economy such as online catering and social e-commerce, the third review draft "cannot provide solutions"; For the platform economy in the 2.0 stage, the new rules may overlap and conflict with the existing rules. For example, if there are safety problems in buying food online, there will be a dilemma when applying the Food-Product-Safety-Safety Law or the E-Commerce-Service Law.
Li Yongjian, director of the Internet Economy Research Office of the Institute of Finance and Economics of China Academy of Social Sciences, believes that the current e-commerce platforms are quite diversified, and the responsibilities, rights and obligations of different platforms are different, and the forms of future platforms will be more abundant. In this case, it is a pity to try to frame all platforms with one standard.
Analysts believe that the root cause of this problem lies in the rapid development of e-commerce far beyond the law. In the words of Chen, a researcher at Peking University Market and Network Economy Research Center, this law has just been promulgated, and many contents "may have fallen behind the times". To solve this problem, we must have a more forward-looking vision.
Where is the boundary of platform responsibility?
The third review draft has greatly strengthened the obligations and responsibilities of the e-commerce platform. The third review draft stipulates that if the operator of the e-commerce platform knows or should know that the goods sold or services provided by the operator in the platform do not meet the requirements of protecting personal and property safety, or there are other acts that infringe on the legitimate rights and interests of consumers without taking necessary measures, it shall be jointly and severally liable with the operator in the platform according to law.
Experts here believe that although increasing platform obligations and responsibilities responds to social concerns, it seems to be overkill.
According to Liu Kaixiang, vice president of China Commercial Law Research Association, this provision fails to clarify that the operators of e-commerce platforms and those in the platforms are actually "completely different roles". The generalization of this responsibility will have a major impact on the entire e-commerce economy.
Chen Ye, a researcher at Peking University Market and Network Economy Research Center, bluntly said that the platform was given too many responsibilities, but at the same time it was not given corresponding rights. "This will be an unbearable burden for a platform."
Taking online car rental as an example, it is really beyond our power to conduct qualification review of car rental platforms without historical data such as drivers' personal criminal records.
"Strengthening the governance of the platform does not mean strengthening the responsibilities that should not be borne by the platform, but should allow the platform to fully compete and use the power of the market to restrain the market." Wang Jian, a professor at university of international business and economics, said.
Can "China Law" Go Global?
The internet has no national boundaries, but the law has national boundaries. Faced with this contradiction, the extent to which China's e-commerce law needs and can be applied has become an unavoidable problem.
Wu Shenkuo, an associate professor at Beijing Normal University, said that in the process of e-commerce going out in China, both enterprises and consumers are facing huge institutional risks abroad. In this case, China's e-commerce law needs to be given the necessary institutional support and normative basis at the national level, especially on the issue of extraterritorial application of laws, which should be judged more clearly and cautiously.
At present, the successful experience and mode of e-commerce in China are being exported overseas at an accelerated pace. If China can take the lead in formulating an e-commerce law before other countries formulate comprehensive laws in the field of e-commerce, it will play a leading role in international e-commerce norms.
Wu Shenkuo believes that e-commerce in China has become one of the most striking forces in global e-commerce and even economic development. In the process of constructing e-commerce legal system, the consideration of international cooperation and competitive game should be an indispensable basic value starting point. In this case, "China E-commerce-commercial law is facing an urgent question to be answered and considered, that is, how to play its institutional value in international cooperation and competition."
Electronic commerce law should protect the interests of both parties.
The news came from Phoenix.