Shanghai Pudong International Airport T2 Terminal, all the people queued up to open the box waiting for the machine to review. One of the flights identified nearly hundreds of purchasers who were forced to line up late at night to pay their taxes.
Recently, ' Customs strict search for purchasing ' has become a lot of people's meat purchase of bitter memories. The electronic commerce law of the People's Republic of China (hereinafter referred to as the Electric commercial law) will be formally implemented on January 1, 2019.
Facing more and more stringent supervision, where will overseas purchasing be, and what will be the impact on consumers?
Overseas purchasing loses price advantage ' Overseas purchasing is actually a kind of buying behavior, strictly speaking, it does not belong to the category of ' cross-border e-commerce ' stipulated in the "Electric commercial law".
Aramus, deputy director of the Policy Law Committee of the China Electronic Commerce Association, told the Science and technology daily that there are four provisions in the electricity law directly related to ' cross-border e-commerce ', but there is no relevant provision explicitly referring to ' purchasing '. Dong Yizhi, an ad hoc commentator at the China e-Commerce Research center and a lawyer for Shanghai Yida law firm, believes that the electric law stipulates that overseas purchases meet the requirements of ' engaging in sales and providing services ' ' business ' through information networks such as the Internet. Not that going abroad to help a friend with something would be considered to fall into this category, but whether its actions would be identified as ' business activities '. In this point of determination, may need to refer to the amount of profit, the number of activities, the length of time and so on.
' However, this does not mean that overseas purchases will not be affected by the e-Commercial Code. Aramus said the electric code imposes higher demands on the obligations of sellers and platforms. This means that the platform will be more strict on the purchase of purchasing, no longer allow the lack of qualified purchase stores, in particular, will crack down on irregular purchasing behavior. Of course, this is not simply aimed at purchasing, all e-commerce activities are facing stricter regulation.
' E-commerce analyst Li Chengdong said that the introduction of "electric law" will certainly have an impact on purchasing, ' The price advantage of purchasing will decline, profit margins will be squeezed.
If the law is implemented, a significant portion of the purchase will fall because it is unsustainable or irregular '.
According to the 2018 (above) China cross-border e-commerce market data Monitoring report, as at the end of June 2018, China's frequent cross-border online shopping users reached 75 million people, the number of users is expected to reach 88 million by the end of 2018. Some people say that "electric law" will cause the purchasing group to falter and then disappear, Li Chengdong does not agree.
In his view, even if there is a non-compliance practice among the purchasing groups, it will not disappear as a result of the introduction of the electricity law.
Non-controllable risk of overseas purchasing Individuals through friends overseas purchase, the two formed a kind of entrustment contract relationship, rather than consumer contract relations, not protected by China's "consumer rights protection law." ' Matze, a lawyer at Zhejiang Teng Zhi law firm, said. This means that there is an uncontrollable risk of overseas sourcing.
Li Chengdong to the science and technology daily reporter, many overseas purchases sold to consumers are not genuine, fake and shoddy goods exist in large numbers.
Matze cautioned that when buying goods or services through the ' acquaintance business ' of a circle of friends, the purchaser's perception of the quality of the goods or services depends mainly on the friend's ' trust endorsement ' rather than the goods or services themselves. It is clear that the code of Electrical Law strengthens the regulation of the platform, which requires cross-border e-commerce practitioners to register and pay taxes in accordance with the law.
This means that the purchase of goods on the large cross-border electric commodity platform will be more restricted, for consumers, ' Amoy ' commodity prices may rise, but their normal rights and interests will be protected. Matze said that in practice, overseas purchasing business models are diverse, mainly can be divided into bonded imports, cross-border direct mail, as well as pure personal sea shopping and other categories.
Under the cross-border e-commerce legal relationship, domestic consumers and overseas sellers directly form a commodity trading relationship, and all kinds of cross-border platforms mainly provide technical information services.
Purchasing should not be in an extrajudicial place. Article 71st of the Electricity law makes it clear that the State supports small microenterprises in cross-border electronic commerce.
On the one hand, Aramus said, the demand for ' Amoy ' is still great, and on the other hand, it is protected by law as long as the purchasing behavior is in accordance with the rules. In the long run, regulation is conducive to the development of large cross-border e-commerce platforms. In this context, human flesh purchasing can focus on Weibo, WeChat and other social media platforms to continue trading activities. In addition, we should actively explore the market, preferably selling goods that are not sold on large cross-border e-commerce platforms.
' Li Chengdong suggested. Dong Yizhi said that from the introduction of electric law to the present, micro-merchants, purchasing has been the focus of public opinion, but also can see that this line has actually permeated everyone's life. From a tax point of view, everyone's job, consumption needs to pay taxes, micro-merchants, purchasing is no exception. In any case, micro merchants, purchasing should not be in a place outside the law.
' Cao Lei, director of the China e-Commerce Research Center, said that from the long-term development, the introduction of the law will make the current stage in the legal blind area of overseas purchasing rules, the illegal cost of purchasing will increase. For consumers, the benefits outweigh the disadvantages, in the purchase of goods not only the quality can be guaranteed, at the same time, after-sale rights and other links of rights and interests will also be protected. I believe that the overseas purchasing market will not only not decline, on the contrary, the development of a more benign and orderly.