The State Administration for Market Regulation and the Ministry of Commerce have released a draft of proposed amendments to China's E-commerce Law for public consultation.
This initiative is part of efforts to implement the central government's policies regarding the platform economy. The goal is to better protect the rights and interests of all parties involved in e-commerce, further regulate the conduct of platform operators, and foster the sustained, healthy development of the sector.
The draft amendment document contains twenty articles, with key changes focusing on five main areas. First, it aims to broaden the scope of the law's application. Beyond current platform operators and merchants on platforms, it seeks to clarify the rights and obligations of other participants in the platform economy.
Second, it intends to improve the platform accountability system. Building on existing measures like fixed fines and orders for business suspension, it proposes to diversify regulatory tools to support more routine oversight.
Third, the draft clarifies mechanisms for coordinated regulatory efforts. To address the cross-sector and hybrid nature of platform businesses, it introduces the principle of consistent management for online and offline operations. This aims to strengthen integrated supervision involving inter-departmental collaboration and coordination between central and local authorities.
Fourth, it targets prominent illegal activities in e-commerce. The amendments focus on issues that have drawn significant public concern in practice, revising relevant clauses to address these societal issues more effectively.
Fifth, the proposals seek to deepen openness and cooperation in e-commerce. They promote aligning the sector's rules, regulations, management, and standards with international norms, encourage industry self-regulation, guide orderly expansion overseas, introduce countermeasures against external unfair practices, and safeguard the legitimate rights and interests of enterprises.
The next step will involve refining the draft amendments based on the feedback received during the public consultation period. The authorities will then work to expedite the revision and enactment of the updated E-commerce Law of the People's Republic of China, aiming to establish a stronger legal foundation for innovation and healthy growth in the platform economy.
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