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The Legal Environment of E-commerce in China

Source: Shangpin China | Type: website encyclopedia | Time: September 16th, 2014
1、 China's legal sources
First of all, it examines China's macro legal environment from the perspective of legal sources. China's sources of law (legal forms) are divided into the following categories: the Constitution, laws, administrative regulations, local regulations, autonomous regulations and separate regulations of national autonomous areas, laws of special administrative regions, and international treaties concluded or acceded to by China with other countries. Fundamentally, China's source of law is statutory law (written law), that is, the national legislature formulates various written legal norms according to legal procedures, and the judicial organ judges in strict accordance with the written laws in the trial, neither allowing itself to make decisions nor invoking previous judgments. Although China does not recognize the formal legal effect of precedents, the legal treatment methods shown by the Supreme People's Court in a series of selected cases regularly published in its Bulletin are likely to have some de facto binding force on the hearing of similar cases by lower courts.
 

Generally speaking, the cases occurred in the legislative blank area have a strong uniqueness and novelty. The initial dispute (the first case) not only has a profound legal research value, but also has a huge social awareness oriented significance. In relevant fields, early cases have a strong reference significance for the subsequent trial of similar cases. At the same time, early cases and their legal research and social repercussions are also of great significance for the legislative work in relevant fields. For example, e-commerce Website construction Internet securities is an emerging field not only in China, but also in the world, and the relevant legislation is still incomplete. China's e-commerce legislation is still in its infancy, and the current relevant laws and regulations will still play a regulatory role in e-commerce for some time. Therefore, the investigation of China's e-commerce legal environment should be based on the comprehensive analysis of direct and indirect related laws and regulations and the analysis of typical cases. In addition, it is also important to carry out forward-looking research based on China's national conditions and the successful international experience.

2、 Legislative process of e-commerce in China
Like most countries in the world, China has not yet formulated a complete set of laws and regulations in the field of e-commerce, and the current relevant laws and regulations will still play a regulatory role in e-commerce for some time. In general, the development of e-commerce in China is still in the primary stage, and e-commerce is developing rapidly. Many issues are constantly changing, which has caused great difficulties in legislation. In particular, it needs the planning guidance of relevant government departments and the joint efforts of the whole society to achieve the coordination and unity of national, collective and individual interests. Therefore, the development of China's e-commerce should not only conform to China's national conditions, but also pay attention to the integration with global e-commerce. At present, some pilot provinces and cities in China have begun to formulate some local laws and regulations to coordinate the legal disputes emerging in the development of e-commerce, which will strongly promote the e-commerce legislation work nationwide.

The overall framework of e-commerce is to create an internal and external environment conducive to the development of e-commerce and lay the foundation for economic development and participation in global competition in the 21st century. The overall legal framework of China's e-commerce is divided into four parts: the preface, the principles of e-commerce development, the problems that should be paid attention to and solved in the development of e-commerce, and the recent key work of China's e-commerce. At present, there are ten major problems in the external environment for China to carry out e-commerce, mainly including: 1) taxes and tariffs; 2) Electronic payment; 3) Copyright, patent, trademark, domain name and other intellectual property protection; 4) Personal privacy protection; 5) E-commerce security; 6) E-commerce laws and rules; 7) Information content management; 8) Establishment of technical standards; 9) Cooperation of information infrastructure; 10) The change of cognition and idea; E-commerce legislation should also focus on these contents.

3、 China's e-commerce regulator
The main departments closely related to the development of China's e-commerce industry are the State Council, the Ministry of Information Industry, the National Informatization Office (the National Informatization Work Leading Group), the Economic and Trade Commission, and other government agencies will play different roles in e-commerce business, such as the People's Bank of China, the Ministry of Finance, the General Administration of Customs, the Ministry of Security, the Ministry of Public Security The Press and Publication Administration, the State Administration for Industry and Commerce, the State Administration of Technology Supervision, the State Administration of Taxation, the State Intellectual Property Office, the China Securities Regulatory Commission, the China Internet Information Center (CNNIC), etc. Among the above institutions, the National Leading Group for Information Technology and the China Internet Information Center are different from general government institutions. They are specialized regulators of China's Internet and have a particularly important impact on the e-commerce industry.
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