Today (October 20), the General Administration of market supervision and administration of the peoples Republic of China on the official website of the peoples Republic of China on the supervision and administration measures for online transactions (Draft for comments) made clear that the supervision of online transactions adheres to the principles of encouraging innovation, inclusiveness and prudence, strictly abiding by the bottom line, and integrated online and offline supervision, with a view to promoting the healthy development of the digital economy. For new business forms and modes of online transactions, such as online social networking and live broadcasting, we should implement inclusive and prudent supervision, leave enough room for development, and ensure the quality of goods and services and the safety of transactions.
According to the introduction of the relevant person in charge of the General Administration of market, in order to implement the e-commerce law and further regulate online trading activities, the Bureau has drafted the measures for the supervision and administration of online transactions (Draft for comments) on the basis of revising the administrative measures for online transactions (the original order No. 60 of the former State Administration for Industry and Commerce), and is now inviting public opinions.
Allow natural person online shop operators to register as individual businesses
According to reports, there are 50 regulations on the supervision and management of online transactions (Draft for comments), including the basic principles for the supervision and service development of online transactions, the registration of market entities of online trading operators, the information publicity of online trading operators, the submission and provision of online transaction information data, the collection and use of user information, the specific business behavior norms, and the protection of online consumer rights and interests.
Among them, it is clearly stipulated that the operator of the online shop of natural person is allowed to register the network business place as the business place according to law as an individual industrial and commercial household, and clearly stipulates that the network trading platform or the network service provider used by the operator shall issue the address certificate of the network business place.
In accordance with the provisions of the e-commerce law, the specific requirements for the disclosure of the identity information of network transaction operators are detailed, especially that the operators who are exempted from the registration of market entities according to law shall continuously publicize the information or link marks such as self declaration, actual address, contact information and so on.
It also stipulates that platform operators shall submit the names and unified social credit codes of the operators in the platform that have already registered with the market entities to the market supervision authorities according to law, as well as the names, ID card numbers, contact information and other information of the operators in the platform who are exempted from the registration of market entities according to law. Network transaction operators shall collect and use the information of consumers or business operators according to law, and strictly keep the personal information of consumers or business secrets of business operators strictly confidential.
Network transaction operators shall disclose commodity or service information comprehensively, truthfully, accurately and timely; they shall not carry out false or misleading false propaganda by means of fictitious transaction or fabricated evaluation; they shall not carry out tying sale in any form by improper means.
It is clearly stipulated that the platform shall not require operators to choose one from two
In view of the problem that some online trading platforms require operators to choose one from two, the General Administration of market supervision has clearly carried out targeted norms: operators of online trading platforms shall not abuse their dominant position to interfere in the independent operation of operators in the platform, and shall not impose unreasonable restrictions or conditions on the commercial cooperation between operators in the platform and other platforms.
Refine the judgment standard of sporadic small amount for the first time
Beiqing - Beijing headline reporter noted that the new measures for the first time detailed the sporadic small criteria. E-commerce law stipulates that sporadic small transactions are exempted from the registration of market entities, but it does not specify the meaning and scope of sporadic small transactions. After that, the NPC Law Working Committee authorized the General Administration of market supervision to study and formulate relevant criteria.
Fragmentary small amount includes fragmentary and small amount, and the relationship between them should be and. If it is understood as or, it includes sporadic but large transactions (such as sporadic sales of gold and jewelry, luxury goods, etc.) and small but not sporadic transactions (such as a large online shop with 9.9 yuan of mobile phone case sales per year of up to one million pieces), it is obviously not in line with the basic requirements of maintaining the security of online transactions and protecting the legitimate rights and interests of consumers Requirements will also bring many problems such as discriminatory management treatment online and offline.
According to the relevant person in charge of the General Administration of market supervision, after comprehensive argumentation, careful study and repeated consideration, the draft follows the original legislative intention that sporadic small transactions are transactions that supplement personal expenses to a certain extent, incidental and discontinuous, and adopts the judgment framework of clear and uniform transaction times + regional differentiated transaction amount.
Among them, the number of annual transactions is planned to be 52 (about one online transaction per week), and the annual transaction volume is limited to the annual average wage of employees in urban private units in the provinces, autonomous regions and municipalities directly under the central government in the previous year.
Network trading operators: no misleading display of positive comments and bad comments
The new measures make it clear that network transaction operators shall not deceive or mislead consumers in the following ways: fabricating transactions; fabricating evaluations; or abetting, inducing, or intimidating others to make false or misleading evaluations; or by deleting, concealing, or modifying evaluations, or putting positive comments in front of them, or putting bad comments behind them, or confusing the evaluation of different commodities or services Misleading display; using false or misleading price forms or price means to deceive or induce consumers to trade with them; using false advertising, promotion methods, samples, commodity or service descriptions, commodity or service standards, etc.; forging or counterfeiting market entity registration information and administrative license information; confusing the source of goods or services; fabricating Spot, false booking, false rush purchase and other false marketing behaviors.
The relevant person in charge of the General Administration of market supervision said that during the drafting process, there were opinions that the regulation of not allowing the platform to delete consumption evaluation did not take into account the need for the deletion of malicious bad comments, insulting and defamation and other harmful information. According to the research, this issue is clearly required in Article 39 of the e-commerce law, and the provision of evaluation shall not be deleted does not add any exceptions. It aims to present the evaluation panorama of the goods sold or services provided in the platform, so as to fully realize the institutional function of credit constraint. Relevant experts, scholars and enterprises have mentioned the right to delete malicious bad comments and insulting and defamatory bad information. In practice, it is difficult for platform operators to judge and confirm whether they are malicious and bad. It is also understood that in practice, the actual deletion rate of platform operators is less than 5% when they apply for platform operators to delete due to false evaluation. Therefore, for the issue of platform operators deletion of evaluation authority, we insist on being cautious, and stipulate that the platform can handle the information that is forbidden to be released or transmitted by laws and administrative regulations in consumer evaluation according to law.
The deadline for consultation is November 2
The General Administration of market supervision and Administration said that it welcomes the publics opinions and feedback to the State Administration of market supervision before November 2, 2020: 1. Log in to the website of State Administration of market supervision and Administration (website: http://www.samr.gov.cn uff09Through the solicitation survey in the interaction column of the home page, put forward opinions. 2u3001 Email to: [email protected] u3002 Please add the words opinions on the measures for the supervision and administration of online transactions in the title of the email. 3u3001 Mail a paper letter to: Department of network transaction supervision and management, General Administration of market supervision, No. 8, Sanlihe East Road, Xicheng District, Beijing, 100820. Please mark on the surface of the envelope opinions on the measures for the supervision and administration of online transactions.