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Legal analysis: The laws of e-commerce include the E-Commerce Law of the People's Republic of China. There are also laws as follows:
1. Electronic Signature Law of the People's Republic of China;
2. "Regulations of the People's Republic of China on the Protection of Computer Information System Security and Trouble";
3. Implementation Rules of the People's Republic of China for the Registration of Internet Domain Names;
4. Provisions of the People's Republic of China on the Administration of Internet Electronic Bulletin Services;
5. Measures of the People's Republic of China for the Administration of Internet Domain Names;
6. Measures of the People's Republic of China for the Administration of the Filing of Non-commercial Internet Information Services.
Legal basis: Article 2 of the "E-Commerce Law of the People's Republic of China" This Law applies to e-commerce activities within the territory of the People's Republic of China. "E-commerce" as used in this Law refers to business activities in which goods are sold or services are provided through the Internet or other information networks.
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E-commerce Law is a general term for the legal norms of various commercial transaction relationships caused by the form of transactions, as well as the social relations and management relationships closely related to such commercial transaction relationships. On August 31, 2018, China officially promulgated the E-Commerce Law, which came into effect on January 1, 2019. The E-Commerce Law consists of eight articles in seven chapters, which mainly provide for five parts: e-commerce operators, the conclusion and performance of e-commerce contracts, e-commerce dispute resolution and e-commerce promotion, and legal liability.
Article 5 of the E-commerce Law: E-commerce operators engaged in business activities shall follow the principles of voluntariness, equality, fairness, and good faith, abide by laws and business ethics, participate in market competition fairly, perform obligations in areas such as consumer rights and interests protection, environmental protection, intellectual property protection, network security, and personal information protection, bear responsibility for the quality of products and services, and accept social supervision.
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The biggest impact of the E-commerce Law is to better protect the interests of consumers, and not restrict fair competition and honest operation of e-commerce. It is mainly manifested in the following aspects: 1. E-commerce operators such as individuals need to register as market entities; 2. The behavior of "brushing wild and dry praise" will be prohibited, and false or misleading commercial publicity shall not be carried out in the form of fictitious transactions, fabricated user reviews, etc.; 3. Online tying goods shall not be set as default; 4. Where express delivery is postponed indefinitely, e-commerce operators shall deliver goods or services to consumers in the manner and time limit promised or agreed upon with consumers, and bear the risks and liabilities in the transportation of goods; 5. Where the deposit is difficult to return, and the consumer applies for a refund of the deposit, and the conditions for the refund of the deposit are met, the e-commerce operator shall promptly return it.
Article 5 of the E-Commerce Law of the People's Republic of China E-commerce operators engaged in business activities shall follow the principles of voluntariness, equality, fairness and good faith, abide by laws and business ethics, participate in market competition fairly, perform obligations in areas such as consumer rights protection, environmental protection, intellectual property protection, network security and personal information protection, bear responsibility for the quality of products and services, and accept social supervision.
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Legal analysis: It is not only the owners of small shops who are affected, but also the owners of small shops. Now with the implementation of the e-commerce law, as long as it is the first to be, it is necessary to have a business license in the place of purchase and two places in China, and the customs will also cooperate with the e-commerce law to make stricter inspections on the goods imported in the future.
Legal basis: "E-Commerce Law of the People's Republic of China" Article 3: The state encourages the development of new forms of e-commerce, innovating business models, promoting the research and development, promotion and application of e-commerce technologies, advancing the establishment of a creditworthiness system for e-commerce, creating a market environment conducive to the innovation and development of e-commerce, and giving full play to the important role of e-commerce in promoting high-quality development, meeting the people's growing needs for a better life, and building an open economy.
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The E-commerce Law mainly includes five parts: e-commerce operators, the conclusion and performance of e-commerce contracts, e-commerce dispute resolution and e-commerce promotion, and legal liability. The main ones are: 1. The framework for taxation is stipulated, and all kinds of transactions through e-commerce channels need to pay taxes, and the situation of tax evasion and tax evasion in the past will be alleviated to a certain extent; 2. The requirements for cross-border e-commerce will also be stricter and more standardized, and the registration of the subject will be required; 3. The behavior of "false reviews" has been negatively determined, and the behavior of "swiping positive reviews" will be prohibited; 4. Introduced the relevant containment clauses related to the either-or-one (monopoly of operators); 5. Restrict "tying behavior", and do not use tying goods or services as an option for tacit consent; 6. Effectively curb the problem of "cutting orders" by e-commerce, and e-commerce operators must not stipulate that the contract will not be formed after the consumer pays the price by means of standard clauses and other means; 7. Relatively innovative provisions have been made on the problems arising from payment, such as the establishment of reconciliation services and three-year transaction records; 8. Where the problem of difficulty in returning the deposit has been solved, and the consumer applies for a refund of the deposit, and the conditions for the refund of the deposit are met, the e-commerce operator shall promptly return it; 9. To avoid the problem of express delivery, e-commerce operators shall deliver goods or services to consumers in accordance with the promised or agreed upon with consumers in the manner and time limit; 10. Use big data to give regular customers better personalized services, including more discounts.
Article 5 of the E-commerce Law: E-commerce operators engaged in business activities shall follow the principles of voluntariness, equality, fairness, and good faith, abide by laws and business ethics, participate in market competition fairly, perform obligations in areas such as consumer rights and interests protection, environmental protection, intellectual property protection, network security, and personal information protection, bear responsibility for the quality of products and services, and accept social supervision.
Article 5 of the Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases Article 5 A lawsuit arising from patent infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. The place of infringement includes: the place where the manufacture, use, offer to sell, sale, import and other acts of the alleged product infringing the patent right of invention or utility model are implemented; the place where the use of the patented process is carried out, and the place where the use, offer to sell, sell, import and other acts of the product directly obtained in accordance with the patented process are implemented; The place where the manufacturing, offering to sell, sell, import and other acts of the patented design product are implemented; The place where the act of passing off another person's patent is committed.
The place where the infringement result of the above-mentioned infringement occurred.
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Legal analysis: 1. E-commerce law is a very complex legal system, involving many fields, including traditional civil law fields such as contract law, copyright law, etc., and new fields, such as electronic signature law, etc., these legal norms generally belong to the category of commercial law. Commercial law is private law with the intervention of public law, which is based on arbitrary norms, and at the same time there are many peremptory norms, and even in some norms, they are more peremptory than arbitrary.
2. It includes the introduction to e-commerce law, the legal system of e-commerce, the legal system of electronic contract, the legal system of electronic signature and electronic certification, the legal system of electronic payment, the intellectual property issues in e-commerce, and the regulation of e-commerce market.
Legal basisE-Commerce Law of the People's Republic of China
Article 1: This Law is drafted so as to protect the lawful rights and interests of all parties to e-commerce, to regulate e-commerce conduct, to preserve market order, and to promote the sustained and healthy development of e-commerce.
Article 2: This Law applies to e-commerce activities within the mainland territory of the People's Republic of China. "E-commerce" as used in this Law refers to business activities that sell goods or provide services through the Internet or other positive information networks. Where laws and administrative regulations have provisions on the sale of goods or the provision of services, those provisions shall apply.
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