Keywords: e-commerce policies and laws
In 2005, China made great progress in the construction of e-commerce policy and legal environment. The National People's Congress Standing Committee (NPCSC), the State Council and many ministries and commissions have issued relevant policies and laws to promote the development of China's e-commerce, strengthened macro guidance, created a development environment, implemented preferential policies and provided all-round services, which promoted the rapid development of China's e-commerce.
I. Construction of e-commerce policies and regulations in China in 2005
1. the National People's Congress Standing Committee (NPCSC) has promulgated the electronic signature law.
On August 28th, 2004, the 11th meeting of the 10th the NPC Standing Committee passed the People's Republic of China (PRC) Electronic Signature Law (hereinafter referred to as the Electronic Signature Law), which came into effect on April 6th, 2005. The promulgation of Electronic Signature Law indicates that the development of China's e-commerce law has entered a new stage.
The Electronic Signature Law is not only the first law in the field of informatization in China, but also the first administrative license set by legislation in the information industry and informatization field since the promulgation and implementation of the Administrative License Law. By establishing the legal effect of electronic signature, standardizing the behavior of electronic signature, safeguarding the legitimate rights and interests of all parties concerned, the electronic signature law guarantees the security of electronic transactions from the legal system, promotes the development of e-commerce and e-government, creates a good legal environment for the development of electronic certification service industry, and lays an important foundation for the establishment of China's e-commerce security certification system and network trust system.
The drafting of electronic signature law in China has gone through three stages: draft for comments, draft and final draft. The whole drafting process is also a process of deepening understanding of the new authentication technology of electronic signature.
1998, two years after the promulgation of the UNCITRAL Model Law on Electronic Commerce, the United Nations began to draft the UNCITRAL Model Law on Electronic Signatures. The drafting of the Model Law on Electronic Signatures is discussed in Vienna and new york in February and September every year, and the number of participating countries has gradually expanded from the initial dozen to more than 80. From 65438 to 0999, China began to follow the legislative work of electronic signature of the United Nations. At that time, the Ministry of Foreign Trade and Economic Cooperation sent a delegation to participate in relevant meetings, and put forward the drafting opinions of the Model Law according to the development of e-commerce in China. On June 24th, 2002, 65438+, the Model Law on Electronic Signature of the United Nations Commission on International Trade Law was formally adopted. Chinese scholars have conducted in-depth research on electronic signature in a wider scope. After years of tracking and in-depth research and debate, the important role of electronic signature in modern social government affairs and business activities has gradually been recognized by people from all walks of life.
In 2002, the State Council Information Office published the research topic of National E-commerce Policy Framework, and made a lot of research on the international legislative progress, including the United States, OECD, Japan, South Korea, Singapore, and a large number of domestic practice surveys.
The formal drafting of the Signature Law can be traced back to May 2002, and was organized by the leading group of informatization in the State Council. In April of the following year, according to the legislative work plan of the State Council, the Legislative Affairs Office of the State Council, together with the Ministry of Information Industry and the Information Work Office of the State Council, began to take over the drafting of the People's Republic of China (PRC) Electronic Signature Law (Draft for Comment).
In June 2003, the National People's Congress of China included the legislation of the Electronic Signature Law in its deliberation plan, and the Electronic Signature Law (Draft for Comment) was sent to all localities for comments.
On March 24th, 2004, the the State Council executive meeting passed the Electronic Signature Law (Draft) in principle and submitted it to the National People's Congress for discussion. On April 2nd, the 8th meeting of the 10th the National People's Congress Standing Committee (NPCSC) reviewed the law for the first time and solicited opinions from the whole country through NPC system.
On June 2 1 2004, the 10th meeting of the 10th the National People's Congress Standing Committee (NPCSC) reviewed the draft again. On August 28th, 2004, the 11th meeting of the 10th the National People's Congress Standing Committee (NPCSC) passed the People's Republic of China (PRC) Electronic Signature Law.
The determination of the legal status of electronic signature will strongly promote the development of e-government and e-commerce, and promote the application of modern information technology in various fields of society.
The Electronic Signature Law gives reliable electronic signatures the same legal effect as handwritten signatures or seals for the first time, and clarifies the market access system of electronic authentication services. The promulgation of Electronic Signature Law is a milestone in the development of e-commerce in China. Its promulgation and implementation will surely eliminate the legal obstacles in the application of electronic signature in e-commerce and e-government, greatly improve the legal environment for the application of electronic signature in China, and thus effectively promote the development of informatization in China.
The Electronic Signature Law can be regarded as the first real e-commerce law in China, and its promulgation will greatly promote the development of e-commerce and informatization in China. Learning to use the electronic signature method and fully and accurately understanding the content and significance of the electronic signature method will help enterprises to adjust the corresponding development strategies and rules and regulations in time, grasp the opportunities provided by the electronic signature method for market development, and accelerate the healthy and sustainable development of e-commerce with a scientific development concept; For electronic certification service providers, it is helpful to unify standards, strengthen industry self-discipline and promote the improvement of service level; For consumers, it helps to improve the security of online consumption; For the government and other departments, it is helpful to improve the overall information level.
2. The General Office of the State Council issued "Several Opinions on Promoting the Development of E-commerce"
In order to implement the information development strategy put forward by the 16th National Congress of the Communist Party of China and the requirements of the Third Plenary Session of the 16th Central Committee on accelerating the development of e-commerce, the State Council issued the Opinions of the General Office of the State Council on Accelerating the Development of E-commerce (No.2 [2005] of the State Council, hereinafter referred to as the Opinions).
The Opinions are divided into eight parts, with 25 articles in total.
First of all, the Opinions clarify the important role of developing e-commerce in China's national economic and social development, which is embodied in three aspects. First, promoting e-commerce is the objective requirement of Scientific Outlook on Development, which is conducive to promoting the adjustment of China's industrial structure, promoting the transformation of economic growth mode from extensive to intensive, improving the quality and efficiency of national economic operation, forming a new impetus for national economic development, and realizing comprehensive, coordinated and sustainable economic and social development; Second, accelerating the development of e-commerce is an inevitable choice to meet the challenge of economic globalization, grasp the initiative of development and improve international competitiveness; Third, promoting the application of e-commerce is an effective measure to improve China's socialist market economic system.
The Opinions put forward the guiding ideology of accelerating the development of e-commerce: according to the requirements of Scientific Outlook on Development, closely centering on the central task of changing the mode of economic growth and improving comprehensive competitiveness, implementing institutional innovation, striving to create a good environment for the development of e-commerce, actively promoting the informatization construction of enterprises, popularizing the application of e-commerce, accelerating the process of national economic and social informatization, implementing a leap-forward development strategy, and taking the road of e-commerce development with China characteristics.
The Opinions put forward the basic principles of accelerating the development of e-commerce: the combination of government promotion and enterprise leadership, the combination of creating environment and popularization and application, the combination of network economy and real economy, the combination of key promotion and coordinated development, and the combination of accelerating development and strengthening management.
The Opinions also put forward specific suggestions on the construction of e-commerce policy and legal environment, including strengthening overall coordination, promoting the construction of e-commerce laws and regulations, studying and formulating fiscal and taxation policies to encourage the development of e-commerce, and improving the investment and financing mechanism of e-commerce; Accelerate the construction of credit, certification, standards, payment and modern logistics, and form a supporting system conducive to the development of e-commerce.
(1) Earnestly implement the Electronic Signature Law of People's Republic of China (PRC), pay close attention to studying the laws and regulations on electronic transactions, credit management, security authentication, online payment, taxation, market access, privacy protection and information resource management, and put forward opinions on formulating relevant laws and regulations as soon as possible; According to the requirements of the healthy and orderly development of e-commerce, we should promptly study and revise relevant laws and regulations; Speed up the formulation of management measures for Internet-related businesses; Promote the construction of legal services and guarantee systems such as online arbitration and online notarization; Severely crack down on illegal operations in the field of e-commerce and illegal and criminal activities that endanger national security and harm the vital interests of the people, and ensure the normal order of e-commerce.
(2) Accelerate the construction of the credit system. Strengthen government supervision, industry self-discipline and inter-departmental coordination and cooperation, encourage enterprises to actively participate, and establish scientific, reasonable, authoritative and fair credit service institutions with the direction of improving laws and regulations, franchising, commercial operation and professional services; Establish and improve the sharing mechanism of credit information resources among relevant departments, build an online credit information service platform, and realize the dynamic collection, processing and exchange of credit data; Strict credit supervision and disciplinary mechanism for dishonesty will gradually form a credit service system that conforms to China's national conditions and is in line with international standards.
(3) Establish and improve the safety certification system. According to relevant laws and regulations, formulate measures for the management of e-commerce security certification, further standardize the management of keys, certificates and certification institutions, pay attention to the construction of responsibility system, and develop and adopt encryption and certification technologies with independent intellectual property rights; Integrate existing resources, improve the security certification infrastructure, establish a reasonable security certification system, realize cross-certification of industry, local and other security certification institutions, and provide reliable e-commerce security certification services for the society.
(4) Establish and improve the national standard system of e-commerce. Raise the awareness of standardization, fully mobilize the enthusiasm of all parties, and improve the national standard system of e-commerce; Encourage enterprises as the main body, unite universities and scientific research institutions to study and formulate key technical standards and norms of e-commerce, participate in the formulation and revision of international standards, and actively promote the standardization process of e-commerce.
3. The Ministry of Information Industry issued the Measures for the Administration of Electronic Certification Services.
As an important supporting regulation of the Electronic Signature Law, the Administrative Measures for Electronic Certification Services (hereinafter referred to as the Administrative Measures) was issued in the form of a ministerial order of the Ministry of Information Industry on February 8, 2005. The Measures for the Administration of Electronic Certification Services is a departmental regulation authorized by and implemented in coordination with the Electronic Signature Law. It has important legal effect and function and should be implemented seriously.
Considering that the application of electronic signature in China is still in the initial stage of development, the electronic signature law only provides principles for the supervision and management of electronic certification service industry and the examination and approval of overseas electronic signature certification certificates, which needs to be further summarized in future practice and gradually reflected in supporting management methods and systems. At the same time, while establishing the market access system of electronic authentication services, the Electronic Signature Law stipulates that it is necessary for government departments to implement effective and appropriate supervision over electronic authentication institutions, considering that electronic authentication in China is still in the primary stage of development. Clearly authorize the information industry authorities in the State Council to formulate specific measures for the administration of electronic certification services, and supervise and manage electronic certification service providers.
The Ministry of Information Industry attaches great importance to the implementation of the electronic signature law. In mid-June 2004, the Ministry of Information Industry began to draft the Administrative Measures for Electronic Certification Services. On June 28th, 2005, the Ministry of Information Industry deliberated and passed at the12nd ministerial meeting. On February 8th, 2005, the Measures for the Administration of Electronic Certification Services was officially issued in the form of a ministerial order of the Ministry of Information Industry.
The "Administrative Measures" takes electronic certification service institutions as the main line, focusing on the establishment of electronic certification institutions, the regulation of electronic certification service behavior, and the supervision and management of electronic certification service providers. , and make clear and specific provisions, not involving other issues for the time being.
"Administrative Measures" * * * Chapter VIII Article 43. Including general principles, electronic authentication services, electronic authentication services, suspension and termination of electronic authentication services, electronic signature authentication, supervision and management, penalties and supplementary provisions. It mainly stipulates the issuance and management of electronic authentication service licenses, the code of conduct for electronic authentication services, the disposal of suspending or terminating electronic authentication services, the format and security measures of electronic signature authentication certificates, supervision and management, and penalties for illegal acts.
"Administrative Measures" is a departmental regulation authorized by the electronic signature law and implemented in coordination with the electronic signature law, which has important legal effect and function. The Ministry of Information Industry will build a unified service window and information channel for the public according to the electronic signature law and the administrative licensing law, announce the specific conditions, procedures and methods for the application and acceptance of administrative licensing for electronic certification services, and provide business consulting and training services for the majority of certification institutions and related personnel. The supervision and management of the electronic certification service industry by the Ministry of Information Industry is widely supervised by the government, the society and the news media, further promoting the improvement of the level of administration according to law and the quality of public services, and making active efforts and due contributions to ensuring the smooth implementation of the electronic signature law.
4. The National Cryptography Administration issued the Measures for the Administration of Electronic Authentication Service Passwords.
In order to implement the electronic signature law, correctly perform the password management responsibilities entrusted by the electronic signature law, facilitate electronic authentication service providers to apply for passwords for supporting documents, and standardize the password use behavior of electronic authentication service providers, the State Cryptography Administration promulgated the Measures for the Management of Electronic Authentication Service Passwords (hereinafter referred to as the Measures) on March 3, 2005. Article 14 of the Measures mainly stipulates that commercial passwords should be used to provide electronic authentication services to the public, clarifies the conditions and procedures for electronic authentication service providers to apply for "certification documents of national password management institutions agreeing to use passwords", and also makes corresponding provisions on the operation and technical transformation of electronic authentication service systems.
Commercial passwords refer to cryptographic technologies and products used for encryption protection or security authentication of information that does not involve state secrets. The Measures stipulate the use of commercial passwords to provide electronic authentication services. The specific form of the certificate that the national password management institution agrees to use passwords is the password license for electronic authentication services. If the electronic authentication service provider agrees to use the password, the National Cryptography Administration will issue a password license for the electronic authentication service.
To apply for a password license for electronic authentication service, the following four conditions should be met: having an electronic authentication service system that conforms to the "Certificate Authentication System Specification" and related safety technical specifications; The electronic authentication service system is built by a company with the production qualification of commercial password products; The commercial password products used in the electronic authentication service system are products approved by the State Password Administration; The electronic authentication service system has passed the security review of the State Cryptography Administration.
The "Measures" require that the operation of the electronic certification service system should comply with the "Technical Specification for Passwords and Related Security of Certificate Certification System". Where an electronic certification service provider carries out technical transformation of its electronic certification service system, it shall report the specific scheme to the State Cryptography Administration for the record in advance, and then apply to the State Cryptography Administration for security review. It can not be put into operation until it is approved.
The "Measures" will impose administrative sanctions on the staff of the State Password Administration and the password management institutions of provinces, autonomous regions and municipalities directly under the Central Government who abuse their powers, neglect their duties, engage in malpractices for selfish ends and fail to perform their supervisory duties according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
5. The National Copyright Administration and the Ministry of Information Industry issued the Measures for the Administrative Protection of Internet Copyright.
In order to strengthen the administrative protection of information network communication rights in Internet information service activities and standardize administrative law enforcement, the National Copyright Administration and the Ministry of Information Industry jointly issued the Measures for Administrative Protection of Internet Copyright on April 30, 2005 in accordance with the Copyright Law of People's Republic of China (PRC) and related laws and administrative regulations.
This method is applicable to the behavior of automatically providing functions such as uploading, storing, linking or searching works, audio-visual products, etc. through the Internet according to the instructions of Internet content providers, without editing, modifying or selecting the stored or transmitted content.
Infringement of the right of information network communication in Internet information service activities shall be under the jurisdiction of the copyright administrative department in the place where the infringement occurred. After the copyright owner discovers that the content spread on the Internet infringes his copyright and sends a notice to the Internet information service provider or other institutions entrusted by him (hereinafter referred to as "Internet information service provider"), the Internet information service provider shall immediately take measures to delete the relevant content and keep the notice of the copyright owner for six months.
After receiving the notice from the copyright owner, the Internet information service provider shall record the information provided, the publication time, Internet address or domain name. Internet access service providers shall record the access time, user account number, Internet address or domain name, calling telephone number and other information of Internet content providers.
If an Internet information service provider deletes relevant content according to the notice of the copyright owner, the Internet content provider may issue a counter-notice to the Internet information service provider and the copyright owner, stating that the deleted content does not infringe the copyright. After the counter-notice is issued, the Internet information service provider can restore the deleted content, and does not assume administrative legal responsibility for the restoration.
The notice of the copyright owner shall include: proof that the suspected infringing content infringes the copyright ownership; Clear identity, address and contact information; The location of the suspected infringing content on the information network; Relevant evidence of copyright infringement; A statement informing the truth of the content.
The counter-notification of the Internet content provider shall include: clear identity, address and contact information; Proof of the legality of the deleted content; The location of the deleted content on the Internet; Statement of the authenticity of the content of the counter-notice.
If the Internet information service provider knows that the Internet content provider infringes the copyright of others through the Internet, or fails to take measures to delete the relevant content after being notified by the copyright owner, and at the same time harms the public interests, the copyright administrative department may, in accordance with the provisions of Article 47 of the Copyright Law of People's Republic of China (PRC), order it to stop the infringement and impose administrative penalties. If it is found that the behavior of an Internet information service provider is suspected to constitute a crime, it shall be transferred to the judicial department in accordance with the provisions of the State Council on the transfer of suspected criminal cases by administrative law enforcement organs, and criminal responsibility shall be investigated according to law.
Second, the construction of e-commerce policies and legal norms in China in 2005
1. The National Development and Reform Commission issued the Notice of the General Office of the National Development and Reform Commission on Organizing the Implementation of E-commerce.
In order to implement the strategic policy of "promoting industrialization with informationization, promoting informationization with industrialization, and taking a new road to industrialization" put forward by the 16th National Congress of the Communist Party of China, and implementing the opinions of the General Office of the State Council on developing e-commerce, on February 6, 2005, the General Office of the National Development and Reform Commission issued the Notice of the General Office of the National Development and Reform Commission on Organizing the Implementation of E-commerce (No.252 [2005] of the NDRC), and launched the e-commerce project in an all-round way.
The e-commerce project of the National Development and Reform Commission has three objectives:
(1) Promote the construction of e-commerce in key enterprises and guide the popularization and application of e-commerce. Encourage backbone enterprises to optimize business processes and organizational structure, drive upstream and downstream affiliated enterprises to improve the application level of e-commerce, and gradually develop inter-enterprise e-commerce based on the Internet, so that e-commerce runs through the whole social production and circulation process.
(2) Improve the e-commerce support system and create a good environment for e-commerce development. Gradually realize the cross-certification of e-commerce security certification institutions; Explore the sharing mechanism of credit information resources to realize the dynamic collection, processing and exchange of credit data; Guide financial enterprises and related institutions to carry out online payment services, laying the foundation for the in-depth development of e-commerce.
(3) Develop third-party e-commerce transactions and services, and cultivate new economic growth points. Innovate the third-party e-commerce transaction and service mode for the public, enterprises, industries and regions, form a group of specialized, networked and socialized third-party transaction and service institutions or enterprises, and improve the quality and level of transactions and services.
E-commerce projects focus on enterprise internal informatization, e-commerce application of large enterprises (groups), third-party e-commerce transactions and services, and pilot construction of e-commerce supporting environment.
E-commerce special options need to follow the following principles:
(1) the principle of promoting the development of key industries and regional economy. In terms of project layout and composition, the project should play a leading role in key industries and regional economy and promote economic restructuring.
(2) The principle of promoting the coordinated development of industrial chain and supporting environment. The project should obviously promote the environmental construction of supply chain related enterprises, logistics enterprises, online payment systems and safety certification systems, and promote the comprehensive application and development of e-commerce.
(3) the principle of promoting the development of e-commerce in small and medium-sized enterprises. The project should promote the development of e-commerce application of small and medium-sized enterprises, truly serve the promotion and application of e-commerce of small and medium-sized enterprises, and effectively improve the innovation vitality and competitiveness of small and medium-sized enterprises.
(4) The principles that are conducive to the construction of e-commerce standard system. The project should promote the construction and application of e-commerce standard system that conforms to national interests and international standards, and play an important supporting role in promoting the establishment and improvement of national standard system.
(5) The principle of industrialization of key technical equipment and software is conducive to promoting technological innovation and independent intellectual property rights, thus driving the development of related industries in China.
(6) Principles conducive to the construction of e-commerce socialized service system. Using modern information technology, through the pilot demonstration project of e-commerce application, we will promote the construction and improvement of service systems such as standards, technology and consultation, and explore the development model of socialized technical service system with good self-development ability.
2. The People's Bank of China and other nine departments jointly issued the Opinions on Promoting the Development of Bank Card Industry.
In recent years, with the development of e-commerce, the scale of China's bank card business has expanded rapidly, the number of cards issued has increased significantly, and the acceptance environment has improved significantly. The universal goal of bank card networking has been basically realized, and the bank card industry chain composed of diversified market players has taken shape. But overall, the bank card industry is still in its infancy, and there are still deep-seated problems such as insufficient overall planning, lagging laws and regulations, lack of industrial support policies, and irregular acceptance market. In order to promote the rapid and healthy development of the bank card industry, on May 8, 2005, the People's Bank of China, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Commerce, the Ministry of Public Security, the Ministry of Information Industry, the State Administration of Taxation, the China Banking Regulatory Commission and the Foreign Exchange Bureau jointly issued the Opinions on Promoting the Development of the Bank Card Industry (hereinafter referred to as the Opinions), which comprehensively and systematically put forward policies and measures to promote the development of the bank card industry, and defined the guiding ideology, principles, objectives and work priorities of the bank card development.
The Opinions affirmed the great significance of the development of the bank card industry, and pointed out that the development of the bank card industry is a project benefiting the country and the people, which is of great significance for reducing cash circulation, reducing transaction costs, promoting consumption, expanding taxes, promoting the development of related industries, strengthening anti-money laundering work and enhancing international image.
The Opinions put forward the guiding ideology of the development of the bank card industry, that is, in accordance with the requirements of providing high-quality financial services for building a well-off society in an all-round way, with the goal of providing safe, universal, fast and high-quality bank card services to the whole society, and by improving the legal system, increasing industrial support, improving technical means and other policy measures, the competitiveness of China's bank card industry will be effectively enhanced, risks will be minimized, and China's bank card industry will enter a benign development track.
The Opinions clarify the principles of the development of the bank card industry, that is, the combination of government promotion, industry self-discipline and market mechanism; Combining unified planning with step-by-step implementation; Combination of development and standardization; Combine all-round development with key promotion; Strengthen the infrastructure construction of bank card industry, cultivate the habit of using cards and promote the consumption of bank cards; Promote the development of bank card industry and improve the service quality of banks; Improve the level of bank card security risk prevention, strengthen cardholder safety education, safeguard the legitimate rights and interests of cardholders, and accelerate the development of bank card industry.
The Opinions put forward the key points to promote the development of bank cards. Mainly includes:
(1) In view of the problems existing in the current management of bank card business, such as low legal level and imperfect legal system, the relevant departments are required to draft banking regulations as soon as possible and submit them to the State Council for approval, so as to provide basic legal protection for all participants in the bank card market.
(2) In view of the single variety and imperfect functions of bank cards, which can not fully meet the market demand, the relevant departments are required to face the demand and base on the application, improve the variety and functions of bank cards and expand the payment space of bank cards.
(3) Considering that with the development of computer information technology, various electronic payment methods based on bank cards have emerged, which not only bring convenience to cardholders, but also bring greater financial risks, so it is necessary to standardize electronic payment in an orderly manner and promote its healthy development.
(4) In view of the slow development of the acceptance market in the current development of bank cards, in order to accelerate the pace of market development and improve the card environment, it is clearly proposed that improving the card environment and promoting the popularization and application of bank cards should be the core work of the current development of bank card industry.
(5) Put forward the development goal of accepting market volume. Attach importance to the construction of the acceptance market system, require relevant departments to standardize the acceptance market development, clarify the rights and responsibilities of all participants, and establish and improve a reasonable charging and pricing mechanism.
(6) It is planned to expand the overseas acceptance market of RMB bank cards, study and introduce relevant policies and measures to support the overseas expansion of RMB bank card acceptance networks, and gradually establish an international acceptance network of RMB cards.
(seven) to expand the general scope of networking, to ensure that all bank card machines meet the general norms and standards related to networking, and to improve the operation quality of trading networks.
(eight) require the relevant departments to strengthen the risk management of bank cards, establish a risk prevention mechanism, crack down on bank card crimes, and strive to prevent the occurrence of bank card crimes from the source.
(9) Require relevant departments to standardize the access management of bank card business.
(10) It is clearly pointed out that relevant departments should study and introduce relevant fiscal and taxation support policies as soon as possible, reduce the cost of communication information, support the development of related industries and technological innovation, and encourage merchants to accept bank cards and cardholders to use banks.
3. The Ministry of Culture, the Central Civilization Office, the Ministry of Information Industry, the Ministry of Public Security and the State Administration for Industry and Commerce jointly issued the Work Plan on Purifying Online Game Software.
In July 2005, the Ministry of Culture, the Civilization Office of the Central Committee, the Ministry of Information Industry, the Ministry of Public Security and the State Administration for Industry and Commerce jointly issued the "Work Plan for Cleaning up Online Game Software".
As a new branch of e-commerce, online games have developed rapidly in China in recent years, with the output value increasing from 30 million yuan in 2000 to 3.6 billion yuan in 2004. However, there are also some serious problems in the development: some online game products contain unhealthy contents such as obscenity, pornography, gambling and violence, imported online game products occupy a dominant position in the domestic market, and "private server" and "plug-in" infringe intellectual property rights.
According to the "Work Plan on Purifying Online Game Software" formulated by five departments, the key points of purifying online games are as follows: first, severely crack down on online game products and related business practices that contain obscenity, pornography, gambling, violence, superstition, trading in power and money, endangering national security, etc. The second is to investigate and deal with overseas game products that are online without the content review of the competent authorities; The third is to clean up the units engaged in online game business activities without the permission of the competent authorities; The fourth is to severely crack down on illegal acts such as "private servers" and "plug-ins" that infringe on intellectual property rights and disrupt market order; Fifth, actively guide public opinion.
In the purification work, the Ministry of Culture cleaned up the existing Internet cultural units, announced to the public the telephones and websites for investigating and handling illegal online games, and severely investigated and dealt with illegal contents such as pornography, violence and gambling according to law until the license for operating online culture was revoked. Those who engage in online games without the permission of the Ministry of Culture will be banned according to law, including all kinds of online game competitions in the name of e-sports. Vigorously eliminate online game products that have not been reviewed and filed by the Ministry of Culture. Online game products that have not been examined and filed by the Ministry of Culture shall not be operated in China, and shall not be used as online game competitions such as e-sports. Internet cafes are prohibited from operating illegal games and selling their point cards.
At the same time, the Civilization Office will expose and condemn bad online game products and related business practices through publicity, pay attention to the combination of unblocking and blocking, and strive to improve the self-protection awareness of minors. The communication management department requires the illegal game website access service provider to suspend or stop the access of illegal websites. Public security organs will punish websites and operators who use online games to commit crimes according to law, and severely punish criminals. The administrative department for industry and commerce will strictly control the market access of online game business units and intensify the investigation and banning of unlicensed online games.
4. The Ministry of Education and the Ministry of Commerce issued the Notice of the Ministry of Education and the Ministry of Commerce on Promoting Relevant Universities to Further Strengthen the Theoretical and Practical Research of E-commerce.
On June 10, 2005, the Ministry of Education and the Ministry of Commerce issued the Notice of the Ministry of Education and the Ministry of Commerce on Promoting the Further Research on the Theory and Practice of E-commerce in Colleges and Universities (hereinafter referred to as the Notice) in order to implement the Opinions of the General Office of the State Council on Accelerating the Development of E-commerce and give full play to the role of colleges and universities in promoting the development of e-commerce in China.
The "Notice" deployed the theoretical and practical research work of e-commerce from seven aspects:
(1) Pay attention to the theoretical research of e-commerce. We should give full play to the expertise of theoretical research in colleges and universities, keep track of the trends and trends of international e-commerce, closely link with the reality in China, and carry out in-depth theoretical research on e-commerce.
(2) Strengthen the cultivation of research ability of e-commerce teachers, especially young teachers.
(3) Universities and local commercial authorities should strengthen cooperative research, focus on the application of e-commerce in the field of foreign trade circulation, grasp first-hand information through scientific research projects, policy research and participation in consultation, and put forward targeted policy suggestions on the basis of theoretical analysis for the reference of relevant government authorities.
(4) Business departments at all levels should take the initiative to care for, support and assist universities to carry out theoretical research and practice of e-commerce, and provide necessary support.
(5) Continue to promote the integration of Industry-University-Research. Conditional colleges and universities should organize teachers.