China's first e-commerce law has been implemented on January 1, 2019. Although there have been previous interpretations of e-commerce development, this first e-commerce law is still a harsh governance for China's e-commerce industry. It is normal for the e-commerce industry to become mature and regular. Let's take a look at the key points of e-commerce law!
On January 1, 2019, the e-commerce law of the people's Republic of China was officially implemented, which clearly brought new forms of online transactions such as wechat merchants and purchasing agents into the supervision, and made specific and detailed provisions on the bill brushing, big data ripening, bundling and tying and other behaviors concerned by consumers, laying a solid legal foundation for purifying the e-commerce environment and protecting consumers' rights and interests.
How many challenges do operators face when the e-commerce law is promulgated? What are the benefits for consumers in rectifying the chaos in the industry? On the evening of January 2, Zhao Ping, director of the International Trade Research Department of the Research Institute of the China Council for the promotion of international trade, and Wang Guan, a financial commentator of CCTV, visited the studio of CCTV financial review for in-depth analysis.
Background: E-commerce Law of the people's Republic of China
Focus 1: it doesn't work to brush high praise and delete bad comments
Focus 2: prohibit 'big data ripening'
Focus 3: consumers should know about tied goods
Focus 4: if the deposit is not returned in time, the maximum penalty is 500000
Focus 5: purchasing agent should apply for administrative license and pay taxes
How much do you know about buying good?
Zhao Ping: the e-commerce law requires information transparency and clear responsibilities
Zhao Ping, director of the International Trade Research Department of the Research Institute of the China Council for the promotion of international trade: Although the legal provisions do not have these words, they can give people a clear feeling. From the perspective of consumers, the information of the trading partner is more clear. Before, if it was B2C, the seller has registered as an enterprise, but if it was C2C, the goods sold by individuals to consumers, consumers don't know who the seller is. The e-commerce law requires all e-commerce platforms, operators within the platform, and all operators who sell goods and services through self built websites or other networks to register. For consumers, the information is transparent. Whether the platform or the operators within the platform, the responsibilities have also been more clearly stipulated.
Crown: the platform can't be capricious, making consumers more worry free
Wang Guan, financial commentator of CNR: these years have witnessed the rapid growth of e-commerce platforms. On the one hand, e-commerce has brought us unprecedented convenience, on the other hand, e-commerce has also led to unprecedented asymmetry in technology and information between buyers and sellers. The e-commerce law clearly stipulates that the dominant market position shall not be abused. In particular, it stipulates that the collection and use of users' personal information by the platform shall comply with the legal provisions. All data and technical background shall be filed with the regulatory authorities if there are clear requirements. This series of regulations are very important. Therefore, I think it is one of the important starting points of e-commerce law to form a more fair, transparent and sustainable virtuous circle for buyers and sellers, users and providers of the whole technology and services of the platform.
What are the selling challenges?
Zhao Ping: e-commerce operators have entered the era of "ID card"
Zhao Ping, director of the International Trade Research Department of the Research Institute of the China Council for the promotion of international trade: at present, the law does not give a definition or relevant rules to explain. How big is a wechat business that needs to be registered. However, it is clear that registration may not be required unless you sell self-produced agricultural and sideline products or hand-made products, or use your skills to engage in labor activities, or sell something on salted fish. However, there is no need to worry about purchasing on a commission basis. As long as industrial and commercial registration is carried out according to law, it does not necessarily have to be registered as a company. In fact, it can be registered as an individual industrial and commercial household. Moreover, the state has corresponding policies. If the sales volume does not exceed 30000 yuan a month and 90000 yuan a quarter, it will be exempted from value-added tax by December 31, 2020.
Crown: sellers say goodbye to 'stall' and learn the law before opening
Wang Guan, financial commentator of CNR: business is business, and there is no wechat business. Is it profitable? Or a gift? There is not much controversy on this point. The state treats online and offline business activities equally, which is very clear. So now the seller should bid farewell to 'stall' and learn the law before opening. The registration must be registered. According to their actual situation, it depends on which form of registration is more appropriate. But in general, don't take chances.
Zhao Ping: the larger the platform, the more social responsibilities it should bear
Zhao Ping, director of the International Trade Research Department of the Research Institute of the China Council for the promotion of international trade: in the past, I may have heard that the platform requires operators to choose one from two, that is, if you choose my home, you can't go to someone else's home. In fact, many large platforms do have very large sales and a large number of users, but the more so, as a large enterprise, it should bear more social responsibilities and form a good social demonstration. Moreover, major platforms claim that they have not made any choice. If this is true, I believe that the implementation of e-commerce law will not have any impact on them.
Core view
Zhao Ping: the implementation of e-commerce law cheers the compliance
Zhao Ping, director of the International Trade Research Department of the Research Institute of the China Council for the promotion of international trade: the e-commerce law requires that as long as you engage in business activities, you must be a subject with an ID card. Therefore, the rules of online and offline subjects are consistent. In addition, the obligation to pay taxes according to law and the right to enjoy preferential tax policies according to law are the same for all business subjects. This requires online operators to operate according to rules. The phenomenon of bad money expelling good money may gradually have no conditions for existence, and compliance operators are expected to usher in a warmer spring.
Crown: the key is that the implementation of e-commerce law is a direct test of governance ability
Wang Guan, financial commentator of CNR: the value of law lies not only in legislation, but also in specific implementation. For e-commerce practitioners who did not carry out substantive registration in the past, they may be on the edge of illegality today. This crowd is huge, and a large number of them are cross-border transactions. Which regional regulatory authority should carry out corresponding supervision and verification? At the same time, how should law enforcement grasp the fire? The central economic work conference proposed to stabilize expectations and employment. To a certain extent, the traditional online e-commerce is a reservoir of employment. How to enforce orders and prohibitions? While there are laws to abide by, can it reflect this flexibility? This is very difficult and a direct test of the governance ability of relevant departments.