China'S First Draft Electronic Commerce Law Is Expected To Be Completed In The Second Half Of The Year.

Reporters learned from several authoritative channels that China's first draft electronic commerce law is expected to be completed in the second half of the year.

The "opinions on promoting the reform of the domestic trade circulation system and the rule of law business environment" have been completed (hereinafter referred to as "opinions").

According to the drafting group of the electronic commerce law, the relevant departments have completed the preliminary research work in the early stage of legislation, and the corresponding legislative procedures have also been launched, and strive to complete the draft law in the second half of 2015.

It is reported that the opinion is aimed at building a rule of law in accordance with the law.

By increasing the enforcement of laws and regulations, the behavior of market participants can be restrained, so that the circulation of domestic trade can run healthfully under the rule of law.

Specifically in the field of electronic commerce, in addition to clearly putting forward "speeding up the legislation of e-commerce", the opinion stressed that we should strengthen the innovation protection in the field of e-commerce, establish the protection system of e-commerce intellectual property rights, explore the inclusion of the business mode of e-commerce in the domain of patent protection, promote the standardized development of the third party platform of e-commerce, strengthen the examination and management of the check-in merchants, and implement the responsibility system and margin system of online retail products from the third party platform.

Authorities told reporters that China's e-commerce and related industries have developed rapidly. However, existing laws such as the company law and the law on the protection of consumers' rights and interests have not been able to adapt to the current development of e-commerce, especially online trading security, intellectual property rights and product quality supervision, consumer rights protection and other prominent problems, which not only greatly affected the healthy development of the industry, but also failed to effectively protect consumers' rights and interests.

The electronic commerce act will set up "for consumers."

"To clear the obstacles that impede the development of e-commerce and to build a healthy market environment.

In view of the problems existing in the field of electronic commerce, in October 2013, the Standing Committee of the twelve National People's Congress laid a plan for the legislation of electronic commerce, and later set up a drafting group of e-commerce law.

By December 2014, the drafting group conducted special investigations and completed research reports on 14 specific issues.

At present, the relevant work of legislation is in an orderly way. Relevant agencies will strive to form a legislative outline before and after March 2015. In the second half of 2015, the draft of the electronic commerce law will be completed. The final draft will be solicited by various departments, local businesses, enterprises, associations, experts and so on, and strive to submit it to the plenary session of the NPC finance and Economic Commission before June 2016.

At the seminar on the framework and problems of electronic commerce, Shi Yu Zhi, deputy director of the Research Institute of the finance and Economic Commission of the National People's Congress, introduced 14 research projects on the preparatory work of e-commerce legislation, including: e-commerce supervision system, e-commerce market access and exit, data and electronic contracts, e-commerce payment, online intellectual property protection, e-commerce taxation, e-commerce dispute resolution mechanism, consumer rights protection, electronic paction information security assurance, cross border e-commerce, e-commerce product quality supervision, coordinated development of express and e-business, trusted e-commerce paction environment, etc.

In addition, the ministries of State Administration for Industry and commerce, the national development and Reform Commission and the people's Bank of China have carried out a research on specific issues such as electronic payment, intellectual property rights, consumer rights protection, taxation and information security in the field of e-commerce.

According to the relevant legal personages, although the electronic commerce law has not yet been published, from the 14 previous surveys, the electronic commerce law has formed a more mature framework, pointing to many problems existing in the field of electronic commerce in China. I believe that once the law is published, many difficult problems will be properly solved. Especially in the current industry, more attention has been paid to paction security, intellectual property rights and consumer rights and interests. In the early stage of the legislation, it has been involved in the research, and has been refined by 8 subjects. This means that the "e-commerce law" will focus on the above issues in the drafting process.

Xue Jun, vice president of Law School of Peking University, said that at present, there are many lags and gaps in the field of e-commerce in China. The low level of the existing regulations and the imperfection of the legal system have become an important factor restricting the sustained and healthy development of e-commerce. Besides the three major issues of concern in the industry, the lack of regulations in the field of e-commerce, such as taxation, industrial and commercial registration, is not conducive to market expectations, but also brings difficulties to the normal operation of enterprises and government regulation.

Therefore, speeding up the introduction of the electronic commerce law will be of great benefit to the development of the industry. Moreover, the existing consumer protection law can no longer meet the needs of the e-commerce environment. The introduction of the electronic commerce law will strengthen the protection of consumers' rights and interests in the existing electricity supplier environment.

In addition to enabling the e-commerce market to follow the law, insiders and experts say that legislation should take into account the current law of industry development and further release the industry's potential for development.

Alamus, deputy director of the policy and Law Committee of the China Electronic Commerce Association, said

Legislation should be a "development law". We should give full consideration to the particularity of the network economy and follow the principle of "letting go" appropriately.

Yao Zhiwei, director of the Law Research Institute of Guangdong University of Finance, said that e-commerce is a special industry growing up in a special environment. It has its special development law and should provide a relaxed environment for e-commerce.