E-commerce law and the platform to be reshaped | 'Contractual spirit'

When the consumer relegation led by 'Pictures and more' and the return of the cottage goods to the center of the stage, the embarrassing growth of the e-commerce world and the game of 'right of the consumer', the first time ushered in the true sense. Discipline. On August 31, the Fifth Session of the Standing Committee of the 13th National People's Congress voted to pass the E-commerce Law. This law concerning the structure of the Internet e-commerce industry is rarely led by the NPC Financial and Economic Committee, and has undergone three public consultations. Opinions, 4 deliberations, after repeated saws and games of interests of all parties, finally settled. The new law has a total of seven chapters and 89 articles, which will be officially implemented on January 1, 2019.

From 1994, when the Internet was connected to China, the Internet business represented by e-commerce was booming for 24 years. When the sea was 80,000 miles away, it was already in the past, and the current platform giants and the people behind them At the helm, enjoy the dividends of Columbus discovering the New World during these 24 years.

Nowadays, this vast new continent, which exists on the digital signal, begins to hear 'Lake Starton's gunshots'. From the legislative launch in 2013 to the present day, in the past five years, the e-commerce platform was on the altar at the beginning of the year. The new subversive forces of business began to expose various ill-conceived ills. Exposing problems in the form of events and promoting improvements through case-solving methods can no longer meet the needs. The sound of expecting the formation of system bills began to converge. In fact, If you look at the details of the bill, the terms of the 'deposit', 'typ sale', 'big data advertisement', 'personal information protection', 'business sales leave' and other issues are all frequent and fragmented society. The response to business events. More importantly, during these years traditional businesses have suddenly discovered that once the subversives held high the banner of business model innovation, it seems that they only took their jobs.

Accepting increasingly strict supervision is a reality that the new platform giants are unwilling to face. The evaluation defines the e-commerce law that the e-commerce economy is farewell to the barbaric growth and usher in the new regulatory era. In fact, the new rules of procedure are being accepted. It's not just e-commerce, but the entire platform-based economy represented by platform e-commerce. If you can't turn back from looking for a dividend outside the order to find a dividend to follow the rules, their business model will face major challenges.

However, the e-commerce law and some of its details have also sparked discussions about the boundaries of e-commerce law. For example, e-commerce has over-reviewed responsibilities, and such strict protection measures have brought controversy. On e-commerce platforms and some scholars It seems that the e-commerce law allows the platform to over-review and identify the responsibility of fake goods, which is beyond the capabilities of the platform. In the future development of the e-commerce industry, how will the innovative measures prescribed by the e-commerce law fall?

Whether it is e-commerce, or take-out, online car and other Internet platforms, their relationship with consumers and operators in the platform is often very embarrassing. The contradictions of the three parties are more prominent after some unsuccessful consequences. What kind of responsibility does the platform have to bear? This has become a topic that is often talked about but often inconclusive.

Indeed, the emergence of strict rules will put some pressure on innovation. But I believe that even the creative destruction advocated by Schumpeter is based on respecting the spirit of the basic contract. If you let the development of the event I am afraid it is not the long-term way for Chinese new economic companies.

In fact, the e-commerce legislation is already the trend. China's e-commerce law has only been in place for a few days. Germany tried to prevent Bezos's 'Amazon Act' from coming out. Pursuing the social responsibility of enterprises in the new world of the Internet has become the unanimous choice of regulators. .

The Internet world will not and cannot be a place of extra-legal. It should be noted that the e-commerce law with distinctive characteristics of the times promoted by events will have historical limitations in any case. However, the spirit of the law-based contract is A spirit of freedom, equality, and trustworthiness is also one of the cornerstones of the market economy. It is more controllable than previous administrative orders. How to play the role of law rather than the bottom line and role of administration in market supervision, The law reshapes the contractual spirit between market entities, perhaps more worthy of being emphasized.

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