1 E-commerce, Electronic Commerce, usually refers to a wide range of commercial and trade activities around the world, in the open network environment of the Internet, based on browser/server applications, where buyers and sellers do not meet. Various business activities, a new business operation model that realizes online shopping by consumers, online transactions between merchants and online electronic payments, as well as various business activities, trading activities, financial activities and related comprehensive service activities. "
2 The so-called customer relationship management is to provide enterprises with a comprehensive management perspective; to give enterprises more complete customer communication capabilities and maximize customer profitability.
3 Internet marketing (On-line Marketing or E-Marketing) is a new marketing method based on the international Internet that uses digital information and the interactivity of online media to assist in achieving marketing goals
4. Conditions for the development of e-commerce: The emergence of e-commerce has broken the boundaries of time and space under the traditional business model, changed the layout of the original enterprise, the original value system, the original business model, and even changed the enterprise form. E-commerce also has a profound impact on the price of goods, including: e-commerce reduces procurement costs; e-commerce enables inventory-free production; e-commerce reduces marketing costs; e-commerce reduces corporate organizational management costs and e-commerce. Reduce transaction costs.
5 Briefly describe the basic principles of e-commerce law:
1. Principle of neutrality
The basic goals of e-commerce law can be summed up as follows: In e-commerce activities, establishing fair transaction rules is an inevitable reflection of the transaction security principles of commercial law. E-commerce is not only a new transaction method, but also an emerging industry. It can be said that no company is indifferent to the temptation of unfathomable huge interests. Various interest groups, various technologies, and various stakeholder want to participate in it, display their talents on this extremely broad stage, and seek convenience. . The specific participants include hardware manufacturers, software developers, information providers, consumers, merchants, etc. To achieve the balance of interests of all parties and achieve the goal of fairness, it is necessary to achieve the following. Several points:
(1) Technology neutrality. The e-commerce law cannot be discriminatory in favor of traditional password methods, asymmetric public key methods, biometric authentication methods and other authentication methods. requirements. At the same time, it is necessary to leave legal space for the development of future technologies and not stop at the status quo or even block the road. For example, the advent of new computers and the emergence of new generation high-speed networks will test the technology neutrality of e-commerce law. . This is a guideline based on the experience and lessons learned from traditional written legal requirements. Of course, there will be many difficulties in the specific implementation of this principle, and the process of overcoming these specific difficulties is what the principle of technology neutrality achieves. Process.
(2) Media neutrality. Media neutrality and technology neutrality are closely related. Both have strong objectivity, and certain transmission technologies and corresponding media are prerequisites for each other. . Media neutrality is the specific manifestation of the principle of neutrality in various communication media. The difference is that technology neutrality focuses on the control and utilization of information; while media neutrality focuses on the carrier on which information depends. Science. From the perspective of traditional communication industry division, different media may belong to different industrial sectors, such as wireless communications, wired communications, television, radio, proliferation networks, etc. E-commerce law should treat these media entities based on the principle of neutrality, allowing various media to integrate and promote each other according to the development laws of technology and market. Only in this way can various resources be fully utilized, thereby avoiding artificial industry monopoly and media monopoly. The emergence of the open Internet provides an ideal environment for various media to play their roles, so as to achieve the advantages and eliminate the disadvantages, and achieve prosperity.
(3) Implement neutrality.
It means that there should be no partiality in the implementation of the e-commerce law and other related laws; the legal treatment of domestic e-commerce activities and cross-international e-commerce activities should be treated equally. In particular, the effectiveness of legal norms in traditional written environments (such as legal requirements for writing, signatures, originals, etc.) cannot be placed on e-commerce laws. Instead, they should be treated neutrally and the implementation of the law should be determined based on the needs of specific environmental characteristics. . If we say that the aforementioned technology neutrality and media neutrality reflect the e-commerce law's regulations on technical solutions and media methods, they are highly objective. The neutral implementation of e-commerce law is more subjective. The e-commerce law, like other norms, cannot be applied without the compliance of the parties and the application of the judicial authorities.
(4) Equal protection. This point is an extension of the implementation of the principle of neutrality to e-commerce transaction entities. E-commerce laws should try to provide equal protection to merchants and consumers, domestic parties and foreign parties. Because the e-commerce market itself is international, a fragmented and closed e-commerce market cannot survive under the conditions of modern communication technology.
In a word, the principle of neutrality in e-commerce law focuses on the concept of fairness in commercial transactions. Its specific implementation will be fully demonstrated in the commercial transactions conducted by parties relying on open, compatible, and international networks and protocols.
2. Principle of Autonomy
Allowing parties to enter into transaction rules by agreement is a basic attribute of transaction law. Therefore, in the legislative and judicial process of e-commerce law, the principle of autonomy must be used as a guide, sufficient space should be reserved for parties to fully express and realize their wishes, and real guarantees should be provided. For example, take Article 4 of the Model Law as an example, which stipulates that the parties can agree to change the terms. Its inherent meaning is that, except for mandatory legal norms, the rest of the terms can be negotiated and formulated by the parties themselves. In fact, the mandatory norms in the Model Law are not only very small in number, only four, but also their purpose is only to eliminate the obstacles caused by traditional laws to the development of e-commerce and to provide parties with the opportunity to fully exercise their rights in the field of e-commerce. Create conditions for autonomy of will. In other words, the optional clauses of the Model Law positively determine rights to encourage their autonomy, while the mandatory clauses destroy traditional legal fetters from the negative side, adapt the law to the characteristics of e-commerce activities, and better protect their autonomy. realization of meaning. It can be said that one is positive and the other is negative, different paths lead to the same goal.
3. Security Principles
Ensuring the safe conduct of e-commerce is not only an important task of the e-commerce law, but also one of its basic principles. With its efficient and fast characteristics, e-commerce stands out among various forms of commercial transactions and has strong vitality. And this kind of efficient and fast trading tool. Safety must be the premise, which not only requires technical safety measures, but also requires legal safety regulations. For example, the e-commerce law confirms the standards for strengthening (secure) electronic signatures and stipulates the qualifications and responsibilities of certification agencies and other specific systems, all of which are aimed at forming a safer environment under e-commerce conditions. At least the level of security should be as high as Same as traditional paper form. The e-commerce law begins with the recognition of the effectiveness of data telecommunications, eliminates legal uncertainty in the way e-commerce operates, and establishes operability that reflects its characteristics based on the mature experience in the application of modern electronic technology solutions in e-commerce activities. specifications, which all incorporate safety principles and concepts.
6 The development of e-commerce in my country has reached the level of moderately developed countries because (1) China has nearly 300 million Internet users,
(2) Online retail sales have reached 10 billion