E-commerce platform provides consumers with an extremely convenient way of shopping because of its openness, convenient transaction and online real-time electronic money payment. However, the concealment and anonymity of online transactions also 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 products without Chinese logo through online shopping. The business households involved in the case completed all the purchase and sales through the internet and express delivery companies, and the transaction process was very hidden, which caused great difficulties to the investigation and handling of the industrial and commercial departments.
in combination with the functions of industrial and commercial administration, we believe that the development of e-commerce has put forward four major issues that need 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 computers have been popularized in some places to achieve office automation, most industrial and commercial offices and grass-roots departments are unable to browse the INTERNET and set foot in online supervision.
2. Localization of software construction such as e-commerce registration, inquiry and statistical analysis. At present, there are relatively mature registration acceptance systems, file management systems, trademark inquiry, illegal advertising monitoring and broadcasting systems in various places, and how to introduce, localize and maintain them in the later stage are all urgent to be solved;
3. Introduce technical talents as soon as possible and strengthen the training of application personnel.
technical talents are the key to maintain the normal operation of the system network and perform the function of supervising e-commerce.
The extensive application of business personnel is the foundation.
second, according to the service function of e-commerce, adjust and formulate relevant laws, regulations and policies.
on the one hand, it is the overall consideration of the industrial and commercial bureau to strengthen the overall legislation of industrial and commercial administration of e-commerce. In particular, the legal issues related to the conflict between domain name registration and trademark rights must be standardized by strengthening communication and cooperation with domain name registration authorities, the World Intellectual Property Organization and other countries in accordance with international practices. Local governments can't form their own systems. On the other hand, all localities can formulate local laws, regulations and documents to adapt to local conditions in combination with their functions.
third, combine the traditional functions of industrial and commercial administration, give full play to the professional advantages of each business department and the technical expertise of the information department, and cooperate with each other to discuss the service and management of e-commerce.
We should find the breakthrough point of service and supervision from the following aspects:
1. Online business registration and filing
It is mainly about the registration and filing of websites within the jurisdiction, and the following issues should be discussed:
① Website registration procedures:
Including acceptance, examination, approval, issuance of online business electronic signs and numbers, online announcements, etc. Electronic sign filing is the core technical link of website registration and also e-commerce.
② Contents of website registration and filing:
Including: basic information of legal person, basic information of website, especially the relationship between website registration and enterprise registration, etc. The registration number can be used as the record number in website registration.
③ various situations that require website registration
website operators;
the act of using websites to hold commodity fairs;
the act of using websites to publish advertisements;
Use the website for online shopping, book purchase, auction and other activities;
providers of commercial network content and network technology services.
④ the legal effect of the registration of websites and online business activities.
firstly, we should make corresponding regulations by legislative means. For example, it is stipulated that the website must be registered at the "Red Shield Information Network" while handling the business license, 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 issuing electronic signs.
2. Supervision and management of websites and online business practices
It mainly discusses how to supervise the phenomenon that online business practices violate the laws and regulations of industrial and commercial administration such as the Anti-Unfair Competition Law, the Advertising Law, the Consumer Protection Law and the Trademark Law.
① websites that operate without a license cannot obtain legal qualification for filing and registration, and may not engage in online 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 about some pre-approval conditions, exceeding business scope and unhealthy cultural tendencies, 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 responsibility of online false and illegal advertisements (including commercial and non-commercial propaganda);
③ defining the responsibility of unfair competition and disguised pyramid selling on the Internet; Such as online auction in disguise, illegal fund-raising online, etc.
④ the definition of online trademark infringement liability, and the relationship between domain name registration and trademark right.
⑤ the effectiveness and supervision of online contracts; Such as the legal effect of electronic evidence (whether it can be classified as "audio-visual evidence" or not, whether other evidence is needed to supplement it. ）； Definition and supervision of online illegal contracts and contract fraud; How to monitor the unilateral serial modification behavior after signing the online contract from the technical point of view and filing point of view, etc.
⑥ Protection of consumers' rights and interests in e-commerce
On the one hand, it is necessary to discuss how to embody the nine rights and interests of consumers stipulated in consumer law 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 and goods distribution, any "supply chain" will have problems, which will damage the legitimate rights and interests of consumers. Therefore, how to define the responsibility and how to investigate it must be studied.
⑦ The statistics and analysis of network market
are mainly completed by software functions.
⑧ Realization of online office
This paper mainly discusses the ways to realize online photo-taking, online annual inspection, online complaint and other services from two aspects: software application and improving the computer operation level of proper personnel, so as to realize e-commerce between industrial and commercial departments, enterprises and consumers. Some places, such as Beijing Municipal Bureau, have realized the service functions of online annual inspection and online complaints.
iv. 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 think:
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 numbering.
2. From the perspective of supervision, territorial jurisdiction and hierarchical jurisdiction are combined.
Second, regarding the registration and supervision departments:
As mentioned earlier, the supervision of e-commerce cannot be separated from electronic network means. All bureaus are registered and filed 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 complain by clicking "Red Shield Information Network", and the industrial and commercial departments are involved in management. In other words, the registration of e-commerce and the discovery of illegal online business activities are inseparable from the information department. However, the investigation and punishment of online business violations should rely on relevant offices.
considering the institutional reform of our bureau and the idea that the information center should be strengthened, 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 the directly affiliated branches, in order to do a good job of cooperation and retain technical talents, and to strengthen the service and supervision of e-commerce. (Pan Yan, Jiang 'an Branch)