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Electric commercial law
2019-08-30 来源: 51Due教员组 类别: 更多范文
下面为大家整理一篇优秀的assignment阿根廷国家队官方赞助商范文- Electric commercial law，供大家参考学习，这篇论文讨论了《电商法》。随着全球化的不断发展，跨境电商得到了极大的发展，但跨境电商在运作上经常会出现各种问题，直接影响到了消费者的切身利益，对此，政府出台了《电商法》。《电商法》的颁布对跨境电商运行模式产生了一定的影响，主要体现在代购需登记纳税、刷评价面临罚款、押金不可不退、捆绑搭售必须明示等方面，这样一来就对跨境电商进行了明确的规范，同时消费者的权益也得到了有效的保障，从而为跨境电商的快速发展提供了坚实的法律基础。
At present, overseas daigou is popular with young people. In fact, overseas daigou often sell fake goods. On the one hand, there are problems with the quality of products. The quality of products is uneven. Although most daigou claim to be overseas daigou, they are actually fakes. On the other hand, through the "anti-counterfeiting code", overseas daigou can change the logistics information, and even can instantly transform the delivery from mainland China to a certain country, and then pretend to be overseas daigou, bringing harm to China's cross-border e-commerce.
Overseas warehouse in operation process often because of some problems, resulting in overseas countries, once appear, problem directly to our nation's cross-border electricity harm, the reason is because the Chinese government on cross-border electricity loopholes in legal regulation, once the overseas countries appear problem, cross-border electricity will, for the development of cross-border electricity brings great harm.
Cross-border electricity through cases, the buyer and the seller location far away, on delivery the goods time there are great differences in national customs also not nearly the same, have different standard, prone to disputes between lead producers, distributors, customers, and at this time due to the development of cross-border electricity in our country, the lack of legal constraints, the rights and interests of consumers is not very good security.
According to the new e-commerce law, e-commerce operators, including "daigou", are also required to register as market entities and pay taxes according to law. The specific provisions are as follows: e-commerce operators shall handle the registration of market subjects in accordance with the law; E-commerce operators should fulfill their tax obligations and enjoy preferential tax treatment according to law. E-commerce operators engaged in cross-border e-commerce should abide by the laws, administrative regulations and relevant state provisions on import and export supervision and administration. However, some daigou do not know how to operate, leading to various problems in the process of daigou. Wechat business is an emerging online transaction mode in recent years, but it has a low entry threshold, no physical stores, no business license, consumer rights after consumer disputes.
On e-commerce site shopping, "product reviews" are highly valued by many buyers. In the past, for a "good comment", the seller will go to a lot of trouble, such as "more than 50 words comment plus 3 photos good comment plus the shopkeeper friend can immediately return 2 yuan, additional comments and then return 3 yuan red envelope." And in order to delete a "bad review", some stores will play "take life serial phone", threat buyers modify the poor review, there is a platform can also delete, hidden in the poor review, sometimes consumers in order to avoid trouble often can not give objective evaluation. Under the new e-commerce law, e-commerce platform operators are not allowed to delete consumers' comments on the goods or services sold on their platforms. The law also stipulates that e-commerce platform operators should establish a sound credit evaluation system, publicize credit evaluation rules, and provide consumers with a way to evaluate goods or services sold on the platform, or they may be fined up to 500,000 yuan.
In the e-commerce law, there are also provisions on matters concerning deposit: if e-commerce operators collect deposit from consumers in accordance with the agreement, they should specify the way and procedure of deposit return, and shall not set unreasonable conditions for deposit return. If a consumer applies for refund of the deposit and meets the conditions for refund of the deposit, the e-commerce operator shall return the deposit in time. If e-commerce operators collect deposit from consumers in accordance with the agreement, they should clearly indicate the way and procedure of deposit return, and should not set unreasonable conditions for deposit return. If a consumer applies for refund of the deposit and meets the conditions for refund of the deposit, the e-commerce operator shall return the deposit in time.
Attention last year killed cooked "big data" is also mentioned in the "electric commercial law", "e-commerce operators according to the interests of consumers, consumption habits and other features to provide goods or services of search results, shall be to the consumer at the same time offers the option of not for its individual character, respect and equality to protect consumers' legitimate rights and interests." When e-commerce websites implement "personalized recommendation" based on big data, they should not only display the recommended goods, but also recommend other commodity options to consumers, so that buyers can choose equally. This prevents some e-commerce companies or platforms providing e-commerce services from using "personalized recommendation" as an excuse to recommend high-priced products for people who are not sensitive to price, while blocking low-priced products of the same type.
Bundling and bundling is the "routine" of some OTA e-commerce institutions. For example, when buying an air ticket, it is bound by default with various kinds of insurance, airport transfer vouchers, hotel coupons, red envelopes of tickets and so on. Such tie-in sales have been banned since the introduction of the e-commerce law, which stipulates that violators will be fined between 50,000 yuan and 200,000 yuan. If the circumstances are serious, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall also be imposed. This has largely safeguarded the rights and interests of consumers and provided effective guarantee for the better development of cross-border e-commerce.
At present, there are some problems in cross-border e-commerce payment in China. Therefore, it is necessary to constantly improve the construction of cross-border e-commerce payment system and actively cooperate with foreign cross-border e-commerce companies. First of all, cross-border e-commerce enterprises in China are allowed to conduct overseas foreign exchange collection and payment, as well as foreign exchange settlement and sale. After the pilot operation is mature, it will be promoted nationwide. Secondly, to simplify the process of cross-border e-commerce industry, on the one hand, the association of cross-border e-commerce industry should strengthen the connection with the general administration of customs, so as to shorten the clearance time. On the other hand, it is necessary to strengthen cooperation with foreign logistics enterprises to improve the efficiency of logistics and transportation of import and export commodities and improve the service quality of consumers. Finally, strengthen the construction of cross-border e-commerce infrastructure services. Strengthen the connection of domestic and foreign logistics business, and gradually realize the international integration of logistics development model. Meanwhile, the government should give strong support to cross-border e-commerce, especially financial support, so as to speed up the development of cross-border e-commerce.
Talent is the first productive force and plays an important role in the development of any industry. First of all, cross-border e-commerce enterprises should strengthen the cultivation of internal talents and conduct regular professional knowledge training for internal staff to equip them with relatively professional basic knowledge. Meanwhile, professional guidance should be given to relevant skills to enable each staff member to have skilled skills. Secondly, cross-border e-commerce enterprises can cooperate with colleges and universities to set up cross-border e-commerce professional courses in colleges and universities to cultivate students' cross-border e-commerce professional knowledge, so as to ensure the output of talents. Finally, the government subsidizes the personnel training system, so that potential employees can exchange and study in cross-border e-commerce abroad, or invite foreign cross-border e-commerce experts to give lectures, so as to constantly upgrade the operation mode of cross-border e-commerce.
First of all, cross-border e-commerce enterprises need to investigate relevant cultures and systems of different countries before operation, and formulate operation modes according to the specific conditions of each country, so as to reduce legal disputes caused by regional differences. Secondly, to establish their own brands, cross-border e-commerce enterprises should pay more attention to product quality, cooperate with domestic and foreign high-quality enterprises, give play to their respective advantages through division of labor, do online and offline work well, and do good after-sales service, so as to establish their own high-quality brands. Third, innovate cross-border e-commerce logistics and transportation, establish overseas warehouse base, and improve the efficiency of cross-border logistics and distribution.
To sum up, the electric commercial law was enacted on cross-border electricity operation mode has a certain influence, mainly reflected in the act as purchasing agency registration tax returns, delete bad review brush reputably face fines, must return the deposit, bound for sale must express, etc., thus clear specification for cross-border electricity, at the same time also has been effectively guarantee the rights and interests of consumers, to the rapid development of cross-border electricity provides a solid legal basis.