With the rapid development of e-commerce, there is a certain degree of backwardness in current laws, and people often feel confused about what to do. Therefore, there is an urgent need to strengthen research in this area. Below are e-commerce and legal papers that I have compiled for your reference. E-commerce and law paper sample one: Improvement of the legal mechanism for e-commerce product quality supervision from the perspective of modern governance

Abstract: The economic development momentum brought by e-commerce is amazing, and it is also accompanied by many product quality problems question. Traditional product quality supervision methods are no longer able to adapt to the e-commerce transaction model. Introduce modern governance thinking, learn from overseas experience, use information technology and big data resources, innovate supervision methods, and form a long-term law for e-commerce product quality supervision with multiple subjects and multi-party participation. mechanism to cope with the challenges posed by the new normal of the “Internet” to the quality supervision of e-commerce products.

Keywords: governance modernization; legal mechanism for e-commerce product quality supervision; trading platform; third-party certification agency

CLC classification number: D630 Document identification code: A Article number: 2095 -4379-(2016)14-0210-02

About the author: Wan Ziqian (1996-), female, Han nationality, native of Shangrao, Jiangxi, Southwest University of Political Science and Law, undergraduate student, research direction: economic law.

1. Introduction

The concept of "governance modernization" originated from the field of national politics. The Third Plenary Session of the 18th CPC Central Committee will "promote the modernization of the national governance system and governance capabilities" as a comprehensive The overall goal of deepening reform not only gives "governance modernization" a goal rationality, but also an instrumental rationality. E-commerce enables sales and other business activities to be carried out efficiently, but as a new business format, e-commerce product quality supervision has also become a new topic.

2. The current situation of quality supervision of e-commerce products in my country

In the situation where the quality of e-commerce products is worrying, the current situation of quality supervision of e-commerce products in my country cannot be objective. In terms of legislation, my country's current laws on product quality supervision mainly regulate transaction entities and links in offline transactions, and the legal level specifications specifically for e-commerce product quality supervision are blank. In terms of law enforcement, short-term policy supervision is prevalent, the responsibilities and powers between regulatory departments are unclear, supervision ignores the characteristics of e-commerce, and “traditional product quality governance mechanisms are out of order and malfunctioning”①.

The Third Plenary Session of the 18th CPC Central Committee will take the modernization of national governance capabilities as the overall goal of comprehensively deepening reforms, and governing the country according to law is an inevitable requirement for realizing the modernization of national governance capabilities. This not only brings problems to the supervision of the quality of e-commerce products in our country. The arrival of new ideas also puts forward new requirements, that is, we must respond to the challenges posed by the characteristics of e-commerce to product quality supervision by improving legal mechanisms.

3. Suggestions on improving the legal mechanism for e-commerce product quality supervision from the perspective of governance modernization

“The national governance system not only includes the party and government’s governance of society; Self-governance and cooperative governance with the government” ② Under the guidance of the instrumental rationality of governance modernization, social governance is the basic orientation for improving the legal mechanism for e-commerce product quality supervision, that is, the top-down single subject of the government must be broken The governance model will give full play to the market subject status of the trading platform and encourage third parties from society to participate in product quality supervision.

(1) Form an e-commerce product quality supervision entity that combines government and enterprises

The liquidity and virtuality of e-commerce make it very difficult to determine where product quality problems occur. In reality, there are overlapping and uncoordinated supervision among various departments. This article believes that in order to eliminate the regulatory dilemma of "Kowloon Water Control", our country can learn from Japan's experience, break through the traditional power division method based on the occurrence of product quality problems, and establish a comprehensive e-commerce product quality supervision department, starting from the "cradle" "To the Grave" are all managed by specific agencies, clarifying the authority to supervise the quality of e-commerce products to prevent the phenomenon of shirk of responsibility. In addition, due to the cross-regional nature of online transactions, my country should also clarify the principles of territorial investigation and supervision and clarify the geographical division of e-commerce product quality supervision rights.

(2) Improve the e-commerce market access mechanism

Out of interest considerations, the trading platform has an ambiguous attitude towards the qualification review of site operators and is just a formality, which has caused problems in product quality supervision. A huge obstacle. This article believes that our country should improve the e-commerce market access mechanism, adopt compulsory industrial and commercial registration for business entities in the trading platform, and compulsory individual industrial and commercial household registration for individuals, and improve the industrial and commercial economic household registration database; for cross-border e-commerce, cross-border e-commerce should be implemented The enterprise registration system not only allows the subject responsible for product quality to be traced, but also "helps to exert the regulatory role of the market, optimize resource allocation, eliminate some small online merchants without operating strength, and improve product quality"③.

(3) Clarify the obligation of prudent quality information review on trading platforms

In the field of e-commerce, because consumers cannot actually contact the goods to obtain real product quality information, the quality information of buyers and sellers is not The symmetry phenomenon is particularly obvious. If there is no intervention of other mechanisms, both parties to the product transaction cannot change the information asymmetry, and "an example of adverse selection in which bad money drives out good money - the lemon problem" will occur. ④ To solve this kind of market failure It is necessary to tell consumers the true product quality information. Therefore, this article believes that our country should establish an inspection and monitoring system for the goods and service information released by operators who sell goods or provide services through the platform, and give online trading platform service providers the obligation to review quality information and delete false product quality information in a timely manner. When the platform fails to perform its review obligations, the joint and several responsibilities of the trading platform shall be clarified and the platform shall be forced to fulfill its quality management obligations. The government regulatory department urges the platform to fulfill its "review-delete" obligations, and the platform supervises the operators on the site to publish true quality information, building a closed-loop system for e-commerce product quality supervision.

(4) Improve the legal mechanism for quality certification under the leading role of third-party institutions

The modernization of national governance emphasizes the various types of government owners, managers, stakeholders and other social subjects. The importance of force cooperation management. At the same time, compared with government agencies, third-party agencies have deeper professional capabilities, more complete testing conditions, and more active implementation measures. Our country should improve the legal mechanism for quality certification under the leading role of third-party agencies. . On the one hand, our country can follow the experience of Taiwan and establish an e-commerce product quality certification system under the leadership of a third-party organization. The third-party organization will conduct quality certification and add the credit record of online sales to the product quality certification to ensure The fairness and effectiveness of certification encourage e-commerce operators to improve product quality. On the other hand, "Based on the regulatory game between the government, enterprises and third-party certification agencies, it can be seen that the 'rent-seeking' behavior in quality certification is related to the government's supervision of third-party certification agencies"⑥, in order to prevent enterprises from competing with third-party certification agencies In order to prevent the rent-seeking behavior of institutions, my country should also intervene in the third-party product quality certification system through the government and establish a fair e-commerce product quality certification system through post-certification supervision.

(5) Improve the regulatory legal mechanism under the joint efforts of multiple parties

E-commerce product quality supervision is an interlocking process. It is necessary to achieve seamless online and offline quality supervision. It is necessary to establish a legal mechanism for e-commerce product quality supervision with the joint participation of multiple parties.

1. Establish an e-commerce product traceability mechanism

In e-commerce, all network behaviors are recorded. The Internet of Things can monitor all data in the circulation field, and transaction data Technology actually helps product quality supervision, but because the existing supervision model cannot effectively connect online and offline information, product traceability has become difficult. This article believes that a single government regulatory department is no longer enough to cope with the big data demand for product traceability in the context of the Internet. On the one hand, our country should implement a strict market entity registration system, leverage organizational codes, and make full use of its entity identification and The traceability function of item coding; on the other hand, online trading platform service providers are required to open data resources, combine with the product quality certification system of third-party organizations, promote cross-regional traceability system docking and information exchange and sharing, and establish unified e-commerce products The traceability system implements law enforcement measures and improves quality source control capabilities.

2. Establish an e-commerce product quality information sharing system under risk warning

"The transaction cost analysis method proposed by Coase in "The Problem of Social Cost" is the basic analysis method of law and economics. Therefore, The core issue of the developed prevention model is to design legal regulations to achieve the optimal prevention level."⑦ However, my country's existing product quality supervision still remains at the level of post-event response and lacks a risk early warning mechanism. Therefore, for electronics Commercial product quality supervision should shift from passively dealing with product quality issues to focusing on early warning of product quality risks, improve the e-commerce product quality information sharing mechanism, and summarize the quality information of the trading platform, the credit records of the site operators and the random inspection results of the regulatory authorities, Establish an e-commerce product quality information sharing platform, and then use big data technology to conduct risk warning and industry quality analysis, thereby preventing product quality problems from the source and achieving risk management. By optimizing the allocation of product quality information resources, improving the efficiency of comprehensive utilization of information, and improving the regulatory information sharing and functional connection mechanisms between trading platforms, departments, and regions, we can form a regulatory synergy and free product quality supervision from micro-inefficiency. , improve supervision efficiency.

4. Conclusion

Product quality problems in the traditional business model also exist in the field of e-commerce, but there are gaps and gaps in the legal mechanism for product quality supervision rooted in the traditional entity business model. Weak links make the quality supervision of e-commerce products face the embarrassing situation of having no basis or standards to follow. "Legislation is good for the people". Quality supervision cannot rely on government departments alone. The modernization of national governance requires us to introduce online trading platforms. Service providers and third-party certification agencies should form a legal mechanism for the quality supervision of e-commerce products with the participation of multiple parties, each responsible for their own responsibilities, and interconnection, standardize the behavior of e-commerce market entities with a sound legal system, build a legalized e-commerce development environment, and guide The e-commerce industry is developing healthily.

[Note]

①Huang Peidong. Exploring and constructing a new model for e-commerce product quality supervision [J]. China Quality and Technical Supervision, 2015.12.

②Xu Xiaoquan. The direction of advancement of county-level ministry reform from the perspective of modernization of the national governance system [J]. Leadership Science, 2014(9).

③Sun Zhanli. E-commerce Law [M]. Fujian: Xiamen University Press , 2013.26.

④__ Germany. Market mechanism and product quality development [M]. Guangdong: Jinan University Press, 2015, 3: 174.

⑤SOSA in Taiwan, my country (Taipei Consumer Electronic Commerce Association) has established the Excellent Electronic Store Mark and the Information Transparency Electronic Store Trust Mark as e-commerce certification marks.

⑥Liu Changyu, Yu Tao. Three parties of green product quality supervision Research on Game Relationships [J]. China's Population, Resources and Environment, 2015(10): 174.

⑦He Jiaxu. Product Quality Supervision System: Problems and Countermeasures [D]. Fudan University, 2009.17. E-commerce Legal essay sample 2: Research on legal issues regarding the protection of intellectual property rights on e-commerce platforms

Abstract With the acceleration of the global economy and informatization process, new network technology is changing the way of life of people around the world. Humanity We are gradually entering the era of network economy. The emergence of e-commerce, a virtual shopping method, is bringing profound and extensive changes to all aspects of people's lifestyles, and has also had an unprecedented and far-reaching impact on the development of world economy and trade. The emergence and development of e-commerce, on the one hand, has brought many conveniences and benefits to merchants and consumers, but on the other hand, e-commerce has many disadvantages that have not yet been overcome, such as electronic platform infringement, online store infringement, etc. This article attempts to start from the current situation of intellectual property protection in e-commerce in my country, elaborate on the intellectual property infringement problems existing in e-commerce, and propose corresponding countermeasures to the existing problems.

Keywords: Current status of e-commerce development, intellectual property countermeasures

CLC classification number: D997.1 Document identification code: A

1 Intellectual property protection of e-commerce platforms Background of the question

1.1 The need for my country’s rule of law practice

On April 21, 2011, in order to further purify the e-commerce market environment, we increased the number of infringements of intellectual property rights and systems in the e-commerce field. In order to crack down on the sale of counterfeit and shoddy goods, the state issued the "Notice on Further Promoting Actions to Combat Infringement of Intellectual Property Rights and the Production and Sale of Counterfeit and Shoddy Goods in the E-Commerce Field." On July 8 of the same year, the Ministry of Commerce issued the "Notice of the General Office of the Ministry of Commerce on the Summary of Special Actions to Combat Infringement and Counterfeiting in the E-Commerce Field", specifically stating that the important work of combating intellectual property infringement in the e-commerce field cannot be delayed. In January 2015, the E-Commerce Department of the Ministry of Commerce estimated that e-commerce transaction volume (including B2B and online retail) would reach approximately 13 trillion yuan in 2014, a year-on-year increase of 25%.

1.2 The practice of protecting e-commerce intellectual property rights in various countries

1.2.1 The United States

The application fields and scale of e-commerce in the United States are far ahead of other countries , is the origin of e-commerce and a developed area of ??e-commerce. Currently, approximately 50% of global e-commerce transactions occur in the United States. Among global business websites, the United States accounts for more than 90%. This is inseparable from a series of factors such as the good network conditions in the United States, a large number of highly educated Internet users, a complete legal system, sound electronic payment methods, and a mature social credit system. In terms of e-commerce legislation, there are the United States’ Uniform Electronic Transactions Act (1999) and the International and Domestic Commerce Electronic Signature Act (2000).

In the past 30 years, the United States has implemented its intellectual property strategy mainly along three trajectories. First, based on national interests and the competitive needs of American enterprises, traditional intellectual property legislation such as patent law, copyright law, and trademark law are constantly revised and improved to expand the scope of protection and strengthen protection. In recent years, with the development of biological, information and network technologies, some emerging technological forms have been continuously included in the scope of intellectual property protection. For example, concepts such as network marketing models have been included in the scope of patent protection. In terms of functional genes, there have been 4,000 US patent applications. There are many types of intellectual property rights, and the advantages of intellectual property rights are obvious; secondly, the country has strengthened the adjustment of intellectual property rights interests and strengthened legislation in encouraging transformation and innovation; thirdly, in international trade, on the one hand, it has imposed restrictions on competitors through the "Special 301 Clause" of its comprehensive trade bill. On the other hand, it actively promoted the WTO's Agreement on Intellectual Property Rights (TRIPS), thus forming a new set of international trade rules that are beneficial to the United States.

1.2.2 South Korea

South Korea passed and implemented the "Basic Law on Electronic Commerce" in 1999. This law aims to clarify the legal effect of transactions by means of electronic messages. To ensure the safety and reliability of transactions and ensure fair transactions, this law proposes a series of legislative regulations in the protection of intellectual property rights in e-commerce. Firstly, the concepts of e-commerce and online stores are redefined; secondly, the qualifications for “online operators” are relatively strict. Thirdly, in the formulation and implementation of the e-commerce promotion plan, the protection measures of intellectual property rights are particularly pointed out.

2 Realistic analysis of intellectual property infringement issues on China’s e-commerce platforms

2.1 Characteristics of online counterfeit sales

There are many varieties and large quantities of online counterfeit goods. As an open online sales platform, Taobao is undoubtedly the most mature C2C e-commerce platform in China. Taobao's 2010 online shopping data shows that in 2010, Taobao's registered users reached 370 million, and the number of online products reached 800 million. At the same time, the transaction volume of B2C business, represented by Taobao Mall, quadrupled in 2010 and will continue to grow at this rate in the next few years. The huge market potential and convenient shopping environment have created Taobao’s online sales miracle, and have also given rise to the rapid development of online counterfeit goods.

The development of online counterfeit goods is strong and rapid. According to iResearch's 2014 Internet Economy Core Data Report, the transaction size of China's e-commerce market in 2014 was 12.3 trillion yuan, a year-on-year increase of 21.3%; of which, B2B e-commerce market accounted for more than 70%, online shopping accounted for more than 20%, and online shopping accounted for more than 20%. The proportion of shopping has increased significantly; the B2B e-commerce market revenue of small and medium-sized enterprises has increased by more than 30%; the annual online penetration rate of online shopping has exceeded 10% for the first time; the growth rate of the mobile shopping market has exceeded 200%.

Online fakes are mainly imitations and are highly concealed. In recent years, due to the increasing intensity of intellectual property protection in my country and the increasing determination of e-commerce companies to clean up the online trading environment, online counterfeit sellers who keep pace with the times have also abandoned the low-level business model of selling fake and shoddy goods and turned to Imitation and plagiarism of internationally renowned brands. These products are highly concealable, and it is difficult for consumers without professional identification knowledge to easily identify them in a short period of time from the product packaging and appearance.

2.2 Realistic limitations of consumer rights protection

Judging from the nature of transaction behavior, knowing about fakes and buying fakes is a rational behavior based on the principle of voluntariness. Under this condition, consumers usually have sufficient information about counterfeit goods, and both parties to the transaction reach transaction knowledge on a free and voluntary basis. This is a game equilibrium reached by each other in pursuit of maximizing interests.

Judging from the attributes of traded goods, online fakes can meet consumers’ specific consumption needs. Although they are different from genuine products in terms of quality, packaging and efficacy, fake products can satisfy a special psychological sense of loss among consumers who cannot consume genuine products under limited income conditions.

3 Suggestions on countermeasures for the protection of intellectual property rights in e-commerce

(1) Strengthen legislative practice and legally regulate intellectual property infringement in e-commerce. Strengthen macro-legislation work and actively improve legislation. Actively promote relevant legislative work, promptly revise the trademark law, copyright law and other special intellectual property laws and their implementation regulations, and establish and improve the Internet intellectual property system and laws.

Clearly define concepts such as e-commerce, online stores, and operators. The definition of these important concepts is an important prerequisite for protecting intellectual property rights in e-commerce and pursuing violations of intellectual property rights. Because if important concepts such as online stores and e-commerce are not clearly defined, it will lead to unclear responsibilities and difficult to hold accountable.

Clarify the responsibilities and obligations of e-commerce platforms to ensure the health and stability of e-commerce. The responsibilities and obligations of e-commerce platforms can be said to be, to some extent, important parties other than buyers and sellers. E-commerce platforms provide effective shopping channels and shopping services. If supervision is weak, the protection of intellectual property rights in e-commerce will be chaotic. Therefore, it is necessary to clearly stipulate the responsibilities and obligations of e-commerce platforms in legislation, such as regularly inspecting illegal online stores, designing a strict online store application process, etc., to ensure the health of e-commerce brands and product quality. (2) Strengthen government supervision functions and crack down on infringement of intellectual property rights in e-commerce. First, the central government has unified leadership and local governments have specific supervision. In terms of the core policies of the central government, we should adhere to the principles of stimulating creation, protecting in accordance with the law, and scientific management. We should not only highlight the key points, strive to solve the current outstanding problems in intellectual property protection, and concentrate on carrying out special actions to combat infringement and counterfeiting; we should also take a long-term perspective, Strengthen the construction of the intellectual property system and actively create a good legal environment for intellectual property. In terms of specific local supervision, it is emphasized that all localities should strengthen the supervision of e-commerce platforms; initiate rectification work on online stores suspected of selling infringing and counterfeit goods; and relevant departments in various regions should promptly expose infringement knowledge in the e-commerce field through various methods. Property rights and illegal enterprises and typical cases of manufacturing and selling counterfeit and shoddy goods. Second, improve the policy system for online shopping intellectual property protection and establish an effective online shopping intellectual property administrative management model. In the policy system for intellectual property protection, the review and management of intellectual property rights in the government procurement process should be strengthened, and efforts should be made to prevent infringing and counterfeit goods from entering government procurement channels.

Increase the construction of intellectual property rights protection assistance platforms, improve the mechanism for accepting intellectual property reports and complaints, and establish a reward system for reports and complaints. Establish and improve the early warning and emergency mechanism for intellectual property rights to improve the ability of enterprises to prevent and resolve intellectual property disputes. Third, strengthen judicial protection of intellectual property rights in e-commerce, improve judicial policies and exercise judicial functions. On the one hand, the judicial department should strengthen the regulation of intellectual property judicial policies and standardize the exercise of intellectual property trial discretion. Based on the different characteristics and protection needs of various types of intellectual property rights, the Supreme People's Court has clarified macro judicial policies of classification, differential treatment and appropriate leniency and severity; on the other hand, the judicial department should actively promote judicial reform in the field of intellectual property rights, and the intellectual property trial system and The working mechanism was further improved. The People's Courts continue to strengthen their awareness of intellectual property judicial reform and continue to implement the national intellectual property strategy on the work of the People's Courts.

(3) Strengthen supervision of e-commerce platforms and protect intellectual property rights from infringement. E-commerce platforms cooperate with relevant departments to improve the supervision of online shopping platforms and strengthen product certification capabilities. The rules established around the protection of intellectual property rights in transactions must be a comprehensive system, covering not only all areas of intellectual property law, but also many legally undetermined issues such as store names, and an efficient complaint acceptance mechanism. . Most e-commerce platforms already have relatively complete models for accepting and handling complaints from users, but online product certification supervision is in a vacuum. Commodity certification, random inspection supervision and other means in the traditional market should be extended to the online platform to strengthen commodity certification capabilities.

(4) Establish consumers’ awareness of protecting intellectual property rights and improve the professional ethics of online stores. First, change online shopping consumption habits. Help consumers actively understand e-commerce intellectual property rights, clarify the importance of intellectual property issues involved in e-commerce, clarify relevant laws and regulations, and conscientiously perform relevant obligations. Second, improve the professional ethics of online stores. On the premise of actively abiding by the law, the other party of e-commerce, the online store, still needs to improve its professional ethics and effectively perform its obligations. In the process of selling goods, it must actively protect the legitimate rights and interests of brand owners and protect intellectual property rights in online shopping.

4 Conclusion

The issue of intellectual property protection in e-commerce arises in the rapidly developing economic era. However, the development of a new thing is always accompanied by problems. In e-commerce, due to the huge profit temptation and the convenience of online platforms, some online store merchants ignore legal deterrence and moral condemnation and take risks to sell fake goods, sell pirated goods, trade under the guise of other people's patents, etc., infringing on intellectual property rights. Behavior. Therefore, it is of great significance to strengthen the research on legal issues of intellectual property protection in e-commerce to enrich relevant research on e-commerce and intellectual property protection in my country and to build a legal system for intellectual property protection in e-commerce.

References

[1] Zhang Longbu. E-commerce based on the perspective of intellectual property [J]. Intellectual Property (CSSCI), 2008(09).

[2] Dong Huabo. In e-commerce, fakes once accounted for 70% [N]. Jingbao, 2009(02)B21 Financial Edition.

[3] China E-Commerce Center. Online counterfeiting is difficult Four major reasons for eradication [Z]. Ebrun Power Network, 2010-03-10

[4] The latest statistics from iResearch. Alibaba Research Center, 2014.

[5] Taobao Corporate Social Responsibility Report. Alibaba Research Center, 2011.

[6] 2011 China Action Plan for the Protection of Intellectual Property. State Intellectual Property Office, 2011.

[7] Notice on further promoting the action against infringement of intellectual property rights and the production and sale of counterfeit and shoddy goods in the field of e-commerce. Ministry of Commerce, Ministry of Industry and Information Technology, Ministry of Public Security, People's Bank of China, General Administration of Customs, State Administration for Industry and Commerce, State General Administration of Quality Supervision, Inspection and Quarantine, State Administration of Press and Publication (Copyright Office), State Intellectual Property Office, 2011.