China’s e-commerce is subject to laws, and operations can only be legal if it is conducted within the scope of the law.
Relevant legal knowledge:
The "Contract Law of the People's Republic of China" was passed by the National People's Congress on March 15 this year, and will be passed on October 1 this year Beginning to be implemented, it clarified the legal status of electronic contracts for the first time and laid a legal foundation for the development of e-commerce in my country. However, electronic contracts are different from traditional written contracts after all, and the records, documents, and documents related to the contract in e-commerce activities Regarding practical operational issues such as the electronicization of certificates, certificates, etc., relevant laws and regulations have yet to be synchronized, and the level of social awareness is also different. Furthermore, the business activities of the Capital Electronics Mall will not be limited to the Capital Electronics Mall. Therefore, the legislation still needs to be improved.
Subsequently, the "Capital Electronic Mall E-Commerce Rules" was drafted and revised by the Capital Electronic Mall. After many discussions by the Beijing Arbitration Committee and relevant legal experts, it was continuously revised and improved, and was approved by the National People's Congress. At multiple seminars attended by the Legal Affairs Commission, the State Council's Legal Affairs Bureau, the Municipal Government's Legal Affairs Office, and experts from legal, intellectual property, finance and other industries, the experts received further modifications, improvements and affirmations, and believed that this rule has practical significance and can be implemented on a trial basis. , to accumulate experience.
The promulgation of the "Electronic Signature Law" is a milestone in the development of my country's e-commerce. Its promulgation and implementation will definitely remove the legal obstacles to the application of electronic signatures in e-commerce, e-government and other fields, and greatly improve The legal environment for the application of electronic signatures in our country has vigorously promoted the development of informatization in our country. The drafting of my country's Electronic Signature Law has gone through three stages: draft, draft and final draft. The entire drafting process is also a process of gradually deepening the understanding of electronic signatures, a new verification technology.
Conception of the legislative model of my country’s e-commerce law. Regarding the legislative model of e-commerce, there are two different views in the theoretical circles: one is to advocate the formulation of separate rules or amendments first to deal with the specific legal issues that arise in e-commerce. In traditional law, a basic law on e-commerce is formulated after a unified approach is formed. The second approach is to formulate a basic law on e-commerce first, and then use the basic law as the guiding ideology to formulate separate rules or amend traditional laws on specific issues. The above two legislative models each have their own advantages and disadvantages. First, my country's e-commerce has been developing for several years and has begun to penetrate traditional fields, and some practical legal issues have emerged, providing legislative needs for e-commerce legislation; second, international e-commerce legislation is relatively mature and has potential Third, in recent years, our country has introduced some laws and regulations to regulate the information market and promote the development of the information industry, laying a legislative foundation for the introduction of the Basic Law of E-commerce. All in all, while the emerging trade method of e-commerce impacts traditional business activities, the new legal system framework of e-commerce will inevitably have a period of continuous coordination and integration with traditional commercial law, but this is an inevitable and necessary pain. Only in this way can e-commerce laws continue to mature and improve, so that e-commerce can develop healthily and sustainably, become a solid growth point for the national economy, and serve to enhance our country's comprehensive strength.