To The Moon

The State Administration for Market Regulation and the Ministry of Commerce have released a draft amendment to the E-commerce Law for public consultation, signaling a clear emphasis on both regulation and development. This move to establish stricter laws and clearer rules is set to provide stronger legal protection for consumers and inject more legal momentum into the standardized and healthy growth of the platform economy.

Platform economies, thriving on digital infrastructure, are now deeply integrated into the entire chain of production, distribution, and consumption. They play a crucial role in expanding domestic demand, stabilizing employment, and promoting industrial transformation, serving as a vital engine for economic development.

However, as the platform economy continues to expand and new business models and formats rapidly evolve, the existing legal and regulatory framework is no longer fully aligned with the industry's practical needs. The current E-commerce Law, implemented in 2019, contains provisions primarily designed for traditional e-commerce models like early-stage "shelf" e-commerce, leaving regulatory gaps for newer formats such as live-streaming commerce. Furthermore, the penalty system is relatively limited, featuring only a fixed maximum fine of 2 million yuan and business suspension as the main sanctions. This structure struggles to meet the differentiated governance requirements for platforms of varying sizes and with different types of violations.

Frequent issues such as "ghost kitchens" in food delivery and "subsidy wars" have drawn strong public criticism and highlighted shortcomings in the legal constraints within these areas. Confronted with new risks like algorithm misuse, data monopolies, and disorderly cross-sector competition by some platforms, the legal and regulatory system for e-commerce urgently needs to be updated and refined to keep pace with the times.

The purpose of amending the law is not to restrict platform companies but to embody principles of stringent supervision, precise penalties, and proportionality between offense and punishment. The goal is to maintain order in online transactions and protect the legitimate rights and interests of all parties involved. Simultaneously, it aims to better meet the needs of high-quality development in the platform economy through legal means. For instance, the draft amendment proactively aligns with high-standard international trade and economic rules and includes new authorization clauses for countermeasures against foreign entities. This will undoubtedly help safeguard companies as they expand overseas, allowing the rule of law to inject robust momentum into the healthy development of the platform economy.

The rule of law constitutes the best business environment. It is hoped that all sectors of society will seize this legislative revision as an opportunity to actively contribute suggestions, build broad consensus, and help foster fair competition, integrity, and lawfulness within the e-commerce sector. This will ensure that the benefits of the platform economy are more widely shared among the public.