E-commerce legislation has entered a crucial stage. The Economic Information Daily reporter interviews many parties and learned that the NPC has conducted a second reading of the Electronic Commerce Law recently and needs at least one review to enter the voting stage. At present, the parties concerns are speeding up the revision of the draft and strive to formally promulgate the implementation next year. It is understood that the responsibility to strengthen the operating platform and to strengthen the protection of consumer rights is the core content of this e-commerce legislation, the third reading is expected to further strengthen the relevant provisions.

It is understood that the e-commerce law is the basic law in the field of e-commerce in our country. Ministry of Commerce spokesman earlier introduced, the law would be on the e-commerce areas of China's urgent need to address some of the issues to make the principle of provisions. Such as e-commerce operators, e-commerce contracts, e-commerce dispute resolution, e-commerce promotion, etc. The promulgation of this law will provide institutional guarantee for the sustained healthy and orderly development of e-commerce in our country. This will be conducived to giving better play to the role of e-commerce in leading and driving the digital economy in our country and will promote the building of an innovative nation.

At present, the guiding ideology of strengthening the responsibility of e-commerce platforms and operators runs through the entire process of legislation. The second draft clarifies the main types of e-commerce and its procedures for registration and filing. It clearly stipulates that the operators of e-commerce platforms should submit the identity and management information of the operators within the platform to the administration for industry and commerce and the taxation departments in accordance with the provisions.

E-commerce platform for the use of unreasonable trading rules, the operators of the platform for the implementation of unfair trading issues, the second draft increases regulations, e-commerce platform operators to modify the platform service agreement should be soliciting comments publicly and advance publicity to modify the content. In addition, the second peer review is still strengthening the platform operator's responsibility to protect intellectual property rights, e-commerce platform with regulation and so increased the provisions.

In response, Shi Jianzhong, the vice president of China University of Political Science and Law, says that e-commerce undoubtedly belongs to the new economy. Compares with the traditional economy, the new of the new economy is new to a platform, that traditional economy does not have. As far as the current status of e-commerce in our country is concerned, platform is the pioneer, promoter, practitioner, provider and beneficiary of e-commerce. Therefore, in deconstructing the legal relationship of e-commerce, it is especially important whether the platform should enter into any legal relationship. If the result of deconstruction is the platform is bystander of e-commerce business activities, then inclusive and cautious, the result is platform off the floor. What's more, the reality of the platform not only to provide virtual trading sites, match transactions, release information, but also the rules of the platform for the developer, or even the decision of the transaction price. Some platforms play both the role of judge and athlete. Therefore, if the bulldozer is not locked in the cage of the rule of law, the last injury must be e-commerce and the real economy that is increasingly dependent on e-commerce.

In addition, the second draft increases a number of provisions to protect the rights and interests of consumers, such as the PPC, the e-commerce operators should be marked markedly advertising, operators should be promised or accordance with the agreed manner with consumers, Time to deliver goods or services to consumers, and assume the risks and responsibilities in the transport of goods.

It is worth mentioning that on this basis, a number of experts also suggests that the third draft to further strengthen the protection of consumer rights and interests of the content. According to Chen Jian, director of the law and theory research department of China Consumer Association, the relevant parties are still considering whether to set up a consumer protection special chapter in the E-commerce Law.

In recent years, the rapid development of e-commerce provides consumers with more convenient services, at the same time, the quality of products and service quality varies greatly. There have been many cases of infringement of consumers' rights and interests. For example, since the beginning of this year, there have been a number of instances where platform funding chains have been broken, stopped operating, deposits from consumers, and prepaid fees have been difficult to return after charging prepaid charges in the field of e-commerce. Some agencies generally statistics, just six shared bike business failures caused by the deposit to the user has more than 1 billion yuan.

Zhang Yanfang, a professor at the Chinese Academy of Social Sciences says, this reflects precisely the management of prepaid cards for e-commerce platforms that need to be further regulated, including the regulation of deposits and the system of credit realization. The E-commerce Law should also provide for these issues for protecting the rights and interests of consumers.

Shi Jianzhong believes technicality is a distinctive feature of e-commerce as opposed to traditional commerce. On the one hand, there is no e-commerce without network technology. E-commerce facilitates the producers, sellers and consumers of goods or services. On the other hand, the technicality of e-commerce makes the e-commerce transaction process rigid and consume If you do not click Agree, there is no way to go to the next trading procedure, so consumers do not actually have the chance to disagree. In addition, the existence of information over-e-commerce phenomenon, search and identify effective information requires high knowledge reserve and time costs. Facing the dilemma of excessive information and convenient transactions, consumers accept agree more by default. The technical characteristics of e-commerce, the strong position of the platform and consumers' dependence habit of e-commerce make the status of consumers weakened in e-commerce activities, and require the law to pay special attention.