In recent years, e-commerce has developed rapidly as a new type of business activity, which has an important impact on the business ecology and people's production and life. The development of e-commerce not only brings new impetus to economic development, but also brings a series of new problems to the maintenance of market order, the protection of consumers and operators' rights and interests. To solve these problems, it is necessary to use the rule of law to guide and guarantee the sustainable and healthy development of e-commerce.
Since January 1 this year, China's e-commerce law has been officially implemented. The E-commerce Law is a special law that regulates the operation of selling goods or providing services through information networks such as the Internet in China. Its promulgation and implementation mark that China is gradually improving its laws that are compatible with the Internet economy. The e-commerce law establishes a series of basic rules for e-commerce activities, which is of great significance for regulating e-commerce operations and protecting the legitimate rights and interests of consumers and operators. These rules are mainly reflected in the following aspects: First, the protection of equity rules. The scope of the protection of rights and interests includes e-commerce operators, consumers, intellectual property owners and so on.
The e-commerce law provides corresponding provisions for the major rights and interests that consumers may be infringed, and also strengthens the protection of the legitimate rights and interests of operators and intellectual property owners in the platform. The second is to regulate the rules of order. The E-commerce Law stipulates that the state establishes a collaborative management system that conforms to the characteristics of e-commerce, and promotes the formation of an e-commerce market governance system in which relevant departments, e-commerce industry organizations, e-commerce operators, and consumers participate. This embodies the legislative purpose of regulating e-commerce behavior and maintaining market order. The third is to promote development rules. The promotion of development is reflected in the provisions of the e-commerce law in industrial policy, green development, infrastructure, etc., and also includes provisions to strengthen the construction of e-commerce standards system, the integration of e-commerce and various industries, and the development of cross-border e-commerce. These provisions provide a legal basis for promoting the development of e-commerce.
Actively protecting the legitimate rights and interests of consumers is one of the legislative purposes of the e-commerce law. The E-commerce Law has established a series of rules to prevent e-commerce platform operators and operators within the platform from using influence to infringe on the legitimate rights and interests of consumers. The e-commerce law explicitly requires e-commerce platform operators to follow the principles of openness, fairness, and impartiality, formulate platform service agreements and transaction rules, and clarify entry and exit platforms, product and service quality assurance, consumer rights protection, and personal information protection. Rights and obligations. E-commerce platform operators should also establish a sound credit evaluation system, publicize credit evaluation rules, and provide consumers with ways to evaluate the products or services provided in the platform.
In the past, China’s laws have not clearly defined the behavior of website bidding. Article 40 of the E-Commerce Law clearly requires that “commodities” should be clearly marked for goods or services that are ranked in bidding. This is an important breakthrough at the legislative level and is of great significance for regulating Internet search services. The e-commerce law requires operators to disclose goods or service information in a comprehensive, true, accurate and timely manner. It is not allowed to deceive or mislead consumers by fictitious transactions or user reviews, and to respect and equally protect the legitimate rights and interests of consumers.
The e-commerce platform links the operators, consumers, logistics operators and other entities within the platform, and their standardized operations have a major impact on e-commerce activities. In order to effectively regulate the operation of e-commerce platforms, the e-commerce law provides for a large number of provisions on the rights, obligations, and responsibilities of e-commerce platform operators. For example, Article 28 requires e-commerce platform operators to submit the identity information of the operators in the platform to the market supervision and management department in accordance with regulations, and report the identity information and tax-related information of the operators in the platform to the tax authorities. This sets the legal obligation for platform operators to perform their supervisory and management duties.
In another example, Article 31 requires e-commerce platform operators to record and maintain the goods and services information and transaction information published on the platform, and to ensure the integrity, confidentiality and availability of the information. In this way, if there is an act suspected of infringing on consumer rights, the transaction data information saved by the platform helps to restore the truth and ensure the security of e-commerce transactions.
The e-commerce law has responded to the practical problems that need to be solved in the development of e-commerce through a large number of clear and specific legal norms, and provides a powerful rule of law for the development of e-commerce in China. But we must also see that the introduction of the e-commerce law is only the first step in China's e-commerce legislation. With the development of technology and the innovation of business models, e-commerce will continue to see new situations and new problems. This requires us to constantly improve e-commerce related laws and regulations in accordance with new situations and new problems, to create a better rule of law environment for the sustainable and healthy development of e-commerce, and to provide a stronger rule of law. BEIJING, May 28 (Xinhua) According to Malaysian Sin Chew, the Malaysian Foreign Minister Safdin said that the Malaysian government will announce good news for Chinese immigrants in the near future. However, he did not disclose the details.
On the evening of the 27th local time, Saifuddin, on behalf of the Malaysian government, attended the "Memorial of the 45th Anniversary of the Establishment of Diplomatic Relations between China and Malaysia" hosted by the Chinese Embassy in Malaysia. In his speech, he said that in line with the 2020 China-Malaysia celebration of cultural tourism, the Malaysian government is working on implementing some new measures and is expected to announce this good news for Chinese immigrants in the near future.
According to the report, on January 2, 2016, Malaysia implemented visa-free measures for Chinese tourists who have made two trips. It also provides e-Visa convenience to further relax foreign tourists entering Malaysia to apply for visa regulations to stimulate tourism. Industry and national economic development. Safdin said: "In 2020, we will celebrate the Malaysian Cultural Tourism Year. The Malaysian government is now working closely together and will announce a good news for Chinese immigrants in the near future."
He said, "We are separated by a sea, but it is not the sea that cuts us out, but it is a water that can connect us, let this large piece of seawater connect us more closely." Recently, China The Insurance Department of the China Insurance Regulatory Commission notified the recent problems of life insurance products. 26 insurance companies were named. At the same time, they listed the four major problems of life insurance products in 2018. First, the product materials reported to the regulatory authorities were underreported, underreported, or submitted. The material content is incomplete and the reporting method is not standardized. Second, the product liability design is not in accordance with the product definition. There is a hidden misleading product in the product design. The product's guarantee function is weakened and the design is similar. The third is that the clauses are inconsistent or unclear. There are risks of infringement of consumer rights and interests, and the settlement of claims is unreasonable. Fourth, there are four unreasonable rates, unreasonable surrender assumptions, unscientific design of payment period, unreasonable calculation of cash value, and unreasonable assumption of investment income. .
Looking closely at the issues listed, almost all of them are "pits" designed for insurance consumers, and their commonalities are professional and very subtle. For example, product liability design does not match product definition. This is a typical “selling dog meat” and deceiving consumers. The terms are not consistent or unclear, and the claims are unreasonable. This is an open overlord clause. child. Some ambiguous rhetoric actually leaves room for the insurance company to excuse the terms that are beneficial to them afterwards; there are four unreasonable rates, and it is blatantly “robbing money” from consumers. Imagine that whether the surrender assumption is unreasonable, the design of the payment period is unscientific, or the calculation of cash value and the assumption of investment income are unreasonable, each of these links involves the vital interests of consumer investment insurance, and the premiums of real money and silver. Hooked.
At present, the regulatory authorities will publicly expose these hidden industry issues and urge the relevant insurance companies to rectify, which is not only a good thing to protect the interests of insurance consumers, but also to further purify the operating environment of the industry and improve the integrity management of insurance companies. The index of compliance management is conducive to the healthy and sustainable development of the industry.
In fact, this briefing on the issue of personal risks is not a new problem. Many of them are old problems, and they are always suffering from the development of the insurance industry. In recent years, the regulatory authorities have not relaxed the inspection and rectification of these issues. In April 2017, a "Notice on Strengthening Insurance Supervision to Combat Violations and Violations to Remediate Market Chaos" opened the curtain of rectifying the chaos in the insurance industry. Since then, large and small notifications have continued, from quarterly consumer complaints, insurance small claims services, to insurance policy registration management information platform data issues, to the property insurance company's spot checks, dozens of insurance companies were named criticism. On January 10 this year, the Banking Regulatory Commission also issued a briefing on the typical problems of life insurance products. This exposure can be seen as an upgraded version of the personal insurance market rectification.
In recent years, the Banking Regulatory Commission has implemented the decision-making arrangements of the Party Central Committee and the State Council on preventing and defusing financial risks, and carried out rectification of the chaos in the insurance industry market. It has exposed all kinds of violations of laws and regulations, severely severed punishments, and maintained market discipline. The promotion of insurance institutions to return to the source and improve the quality of service has achieved phased results.
However, the chaos of the insurance market is complicated, and the rectification work has long-term, complicated and arduous nature, and it cannot be done overnight. In particular, the current situation at home and abroad is complicated and severe, and the insurance industry is still in a period of risk-prone and frequent development, and the risk prevention and control pressure should not be underestimated. Recently, the China Insurance Regulatory Commission issued the "Notice on Carrying out the Work of Consolidating the Achievements of the Corruption and Promoting the Compliance Construction", and proposed three major goals to be achieved in this year's rectification work, including investigating and investigating repeated investigations and digesting stocks; Key risks, containment increments; promote structural reforms on the financial supply side, and make new breakthroughs in achieving high-quality development and improving the economic level and capabilities of service entities.