2. How to improve the legal environment of China's e-commerce policy?
The 16th National Congress of the Communist Party of China has determined the development strategy of "promoting industrialization with informatization" and national economic informatization. The Third Plenary Session of the 16th CPC Central Committee regards the development of modern circulation modes such as e-commerce, chain operation and logistics distribution as an important means to improve the market system and standardize the market order. Under the guidance and promotion of these major policies and measures, China's e-commerce and enterprise informatization have achieved rapid development in recent years, accelerating the process of national economic informatization. However, we should also see that there are still many obstacles in the development of e-commerce in China, among which the imperfection of security environment such as policies, regulations, standards and credit directly affects the popularization, application and development of e-commerce in China. This paper hopes to analyze the latest development of international e-commerce legislation and the basic situation of China's e-commerce legal environment, and put forward our suggestions on improving China's e-commerce policy legal environment for your reference. First, the latest development of international e-commerce legislation and the situation facing China. Global e-commerce legislation is the focus and core of world commercial legislation in recent years, mainly focusing on the legal effect of electronic signatures, electronic contracts and electronic records. Since 1995, Utah, USA promulgated the Digital Signature Law, dozens of countries, organizations and regions have promulgated legislation related to e-commerce, among which the Model Law on E-commerce of UNCITRAL 1996 and the Uniform Rules for Electronic Signatures in 2000 are more important or influential, as well as some legal issues on e-commerce in the EU internal market. Information and General Service Law of Germany 1997, Information Law of Russia 1995, Electronic Transaction Law of Singapore 1998, Electronic Signature Law of International and Domestic Commerce of the United States in 2000, etc. Although the above-mentioned e-commerce legislation varies from country to country and from time to time, on the whole, domestic e-commerce legislation in various countries has three very obvious characteristics: First, it is rapid. Since 1995, when Russia promulgated the Federal Information Law and Utah promulgated the Digital Signature Law, dozens of countries, organizations and regions have formulated laws or drafts related to e-commerce in just a few years, and both developed countries such as the United States and Germany and developing countries such as Malaysia have responded very quickly. In particular, the United Nations Commission on Trade Law has played a pioneering and exemplary role, guiding the e-commerce legislation of all countries in the world in a timely manner. This kind of efficient legislation is very rare in the history of world legislation. Second, compatibility. With the rapid development of e-commerce and the gradual breaking of national boundaries, any closed-door approach in e-commerce legislation will not only lay a solid foundation, but also seriously hinder the development of e-commerce and related industries. Therefore, compatibility is one of the primary considerations in e-commerce legislation in various countries. Moreover, it is this compatibility requirement that causes the strange phenomenon that international treaties take precedence over domestic laws in e-commerce legislation. In its Guide to Uniform Rules for Electronic Signatures, the United Nations Commission on Trade Law pointed out that the inherent internationality of electronic commerce requires the establishment of a unified legal system, and the current situation of separate legislation in various countries may hinder its development. Third, the enactment of laws has effectively promoted the development of e-commerce, informatization and related industries in a timely manner. The e-commerce frenzy that swept the world around 2000 was largely attributed to two laws. One is the Model Law on Electronic Commerce of the United Nations Commission on Trade Law, which laid the foundation for the development of global electronic commerce, and the other is the Outline of Global Electronic Commerce of the United States 1997, which directly involves key issues in the development of electronic commerce, such as tariffs, electronic payment, security, privacy protection, infrastructure and intellectual property protection. In Asia, Malaysia is one of the first countries to legislate on e-commerce. As early as the mid-1990s, Malaysia put forward a plan to build an information corridor, which echoed the digital signature law promulgated by 1997 and greatly promoted the development of its information industry and related industries. As a latecomer to the information industry, India also lost no time in promulgating the E-commerce Support Law in 1998, and put forward the E-commerce tax exemption plan in 2000, which promoted the sustained growth of its e-commerce and related industries. In addition, among these international e-commerce legislations, international e-commerce legislation also has the characteristics of perfecting while formulating, focusing on making the laws formulated in the past applicable, and developed countries play a leading role in international e-commerce legislation, while industrial and commercial monopoly plays a major role in the formulation of e-commerce technical standards.