E-commerce platform provides consumers with an extremely convenient way of shopping with its open and convenient transactions and online real-time electronic money payment. However, the concealment and anonymity of online transactions make it more difficult to guarantee the quality of goods and after-sales service, and it has also become a platform for some people to trade illegal products. For example, recently, Jiang 'an Branch of Wuhan Administration for Industry and Commerce investigated and dealt with a case of selling goods without Chinese logo through online shopping. The business households involved in the case completed all the purchases and sales through the Internet and courier companies, and the transaction process was very hidden, which caused great difficulties for the industrial and commercial departments to investigate and deal with it.
Combined with the functions of industrial and commercial administration, we believe that the development of e-commerce has put forward four major problems to be solved for industrial and commercial administration departments:
First, speed up the pace of information construction and manage e-commerce by means of electronic network.
1. Improve hardware equipment and build a network environment. At present, although some places have popularized computers and realized office automation, most industrial and commercial offices and grass-roots departments are unable to browse the Internet and set foot in online supervision.
2, e-commerce registration, query, statistical analysis and other software construction localization. At present, there are relatively mature registration acceptance systems, file management systems, trademark inquiry and illegal advertising monitoring and broadcasting systems in various places, and how to introduce, localize and maintain them in the later stage is an urgent problem to be solved;
3. Introduce technical talents as soon as possible and strengthen the cultivation of applied talents.
Technical talents are to maintain the normal operation of the system network and perform the duties of supervising e-commerce.
The key to the function is the wide application of business personnel.
Two, combined with the service function of e-commerce, adjust and formulate relevant laws, regulations and policies.
On the one hand, the industrial and commercial bureau should consider the overall legislation and strengthen the industrial and commercial management of e-commerce. In particular, legal issues related to domain name registration and trademark rights conflicts must be regulated by strengthening communication and cooperation with domain name registration authorities, the World Intellectual Property Organization and other countries in accordance with international practice. Local governments cannot form their own systems. On the other hand, all localities can formulate local laws, regulations and documents according to local conditions in combination with their functions.
Three, combined with the traditional functions of industrial and commercial administration, give play to the professional advantages of each business department and the technical expertise of the information department, cooperate with each other, and discuss the service and management of e-commerce.
We should look for the breakthrough point of service and supervision from the following aspects:
1, online industrial and commercial registration
Mainly for website registration within the jurisdiction, the following issues should be discussed:
① Website registration procedure:
Including acceptance, review, approval, issuance of online business electronic identification and number, online announcement, etc. Electronic identity filing is the core technical link of website registration and the key to e-commerce management.
② Contents of website registration and filing:
Including: the basic information of legal person, the basic information of website, especially the relationship between website registration and enterprise registration. The registration number can be used as the record number when the website is registered.
③ Various situations that require website registration.
Website operator;
Use the website to hold commodity fairs;
The act of using websites to publish advertisements;
Use the website for online shopping, book purchase, auction and other activities;
A provider of network content and network technical services.
The legal effect of website registration and online business activities.
First, we must rely on legislative means to formulate corresponding regulations. For example, it is stipulated that websites must be registered in the "Red Shield Information Network" while handling business licenses, and unregistered websites are not allowed to engage in business activities. Second, we must rely on technical means, such as solving the technical problems of electronic signage distribution.
2. Supervision and management of websites and online business activities
This paper mainly discusses how to supervise the phenomenon that network business activities violate the laws and regulations of industry and commerce administration such as Anti-Unfair Competition Law, Advertising Law, Consumer Protection Law and Trademark Law.
① Unlicensed websites cannot obtain legal qualification for filing and registration, and shall not engage in network business.
In view of the characteristics of e-commerce, that is, the network economy, and the trend of vigorously promoting the development of e-commerce at this stage, it is not easy to be too detailed, even if it is too detailed, it is difficult to supervise, but it puts a "shackle" on the administrative department for industry and commerce.
(2) Defining the responsibilities of false and illegal advertisements on the Internet (including commercial and non-commercial propaganda);
(3) Clarify the responsibilities of unfair competition on the Internet and disguised pyramid schemes; Such as online auction in disguised form and illegal fund-raising online.
(4) The definition of tort liability of online trademarks, and the relationship between domain name registration and trademark rights.
⑤ The effectiveness and supervision of network contracts; Such as the legal effect of electronic evidence (whether it can be classified as "audio-visual evidence" and whether other evidence is needed to supplement it. ); Definition and supervision of online illegal contracts and contract fraud; How to supervise the unilateral serial modification behavior after signing the contract online from the technical point of view and the filing point of view.
⑥ Protection of consumers' rights and interests in electronic commerce
On the one hand, we should explore how to embody the nine rights and interests of consumers stipulated in the law of elimination in e-commerce; On the other hand, because the completion of e-commerce needs to involve producers, sellers, distribution agencies and other subjects, after many storage links such as commodity information communication, online payment, commodity distribution, etc., any "supply chain" will have problems and damage the legitimate rights and interests of consumers. Therefore, how to define responsibility and how to investigate it must be studied.
⑦ Statistics and analysis of network market
Mainly rely on software functions to complete.
⑧ The realization of online office.
This paper mainly discusses how to realize online photo taking, online annual inspection and online complaint from two aspects of software application and improving the computer operation level of personnel, so as to realize e-commerce among industrial and commercial departments, enterprises and consumers. Some places such as Beijing Municipal Bureau have realized online annual inspection, online complaints and other service functions.
Four. The jurisdiction, registration and supervision departments of e-commerce.
1. Jurisdiction: E-commerce has no geographical boundaries. From this perspective, the industrial and commercial bureau can establish a unified registration and certification center. However, the specific supervision must also be implemented in the location of network operators or consumers. Therefore, we believe that:
1. From the perspective of registration, the principle of combining territorial registration with unified filing should be adopted.
Using the registration number as the identification number of electronic filing can avoid the confusion of numbers.
2. From the perspective of supervision: territorial jurisdiction and hierarchical jurisdiction are combined.
2. Regarding the functional departments of registration supervision:
As mentioned above, the supervision of e-commerce cannot be separated from electronic network means. Each bureau is registered and put on record by the "Red Shield Information Network" of the Information Department. Its supervision and management adopts the practice of "don't sue and ignore", that is, the "victims" of e-commerce click on "Red Shield Information Network" to complain, and the industrial and commercial departments intervene in management. In other words, the registration of e-commerce and the discovery of illegal network business activities are inseparable from the information department. However, the investigation and punishment of online business violations should rely on the relevant offices.
Considering the institutional reform of our bureau and the idea of strengthening the information center, we believe that the information center should undertake the registration of e-commerce in our city, and the specific supervision should be undertaken by the directly affiliated branches. There should be good cooperation between the information center and its directly affiliated branches in order to do a good job of cooperation and retain technical talents, and strengthen the service and supervision of e-commerce.