(10.2.1)--9.2LegalRegulationsforE-commerce.pdf

《(10.2.1)--9.2LegalRegulationsforE-commerce.pdf》由会员分享，可在线阅读，更多相关《(10.2.1)--9.2LegalRegulationsforE-commerce.pdf（13页珍藏版）》请在得力文库 - 分享文档赚钱的网站上搜索。

1、E-commerce Legal EnvironmentLegal Regulations for E-commerce Transactions1.Legal issues of e-signature2.Legal issues of e-contract3.Taxation of e-commerce4.Consumer rights protection5.Dispute resolution for e-commerce 1.Legal issues of e-signature(1)Connotation of e-signatureE-signature refers to th

2、e data contained and attached in electronic form in data message,which is used to identify the identity of the signer and indicate that the signer recognizes the content therein.1.Legal issues of e-signature(2)Legal effect of e-signatureThe E-signature Law of the Peoples Republic of China adopts an

3、semi-block style eclectic legislative model.The e-signature law stipulates that documents agreed by the parties to use e-signatures have the same legal effect as handwritten signatures or seals.2.Legal issues of e-contract(1)Connotation of e-contractE-contract(electronic contract)is a written agreem

4、ent between parties through the internet,which is about to establish,amend,and terminate the relationship between civil rights and obligations of property.2.Legal issues of e-contract(2)Characteristics of e-contractsElectronictextOnline operationVulnerable to abuseE-contracts take effectE-signature2

5、.Legal issues of e-contract(3)Legal validity of e-contractsl In 1996,the United Nations Commission on International Trade Law adopted the E-commerce Model Law,recognizing that the use of electronic means to transmit information and sign sales contracts is legal and effective.l The Contract Law promu

6、lgated by China in 1999 stipulates that the written form of the contract includes electronic data exchange and E-mail,which legally confirms the legality of the e-contract.3.Taxation of E-commerceThe provisions of the E-commerce Law on the tax payment of E-commerce operators in China l An e-commerce

7、 operator shall,according to the law,perform the obligation of tax payment and enjoy tax incentives.l An e-commerce operator not required to make market participant registration under the provisions of the preceding article shall,required by the laws and administrative regulations in relation to tax

8、 collection administration,apply for tax registration and faithfully file tax returns.4.Consumer rights protectionTypes of consumer rights infringement in e-commerce(1)Infringement on consumers rights to knowl False newsl Fake advertisement(2)Infringement on consumers fair trading rightsl goods do n

9、ot comply with the orderl After-sales service is difficult to guaranteel Difficult return and slow delivery4.Consumer rights protectionTypes of consumer rights infringement in e-commerce(3)Infringement on consumer choicel Mandatory clauses,forced payment methodsl Compulsory linking,browsing(4)Infrin

10、gement on consumer claimsl Difficult to identify and obtain evidence of infringement objects and responsibilitiesl Judicial jurisdiction is difficult(5)Infringement on consumer property rights5.Dispute resolution for e-commerce(1)Consumer rights protection mechanismCommodity service guarantee mechan

11、ism,in-platform businesses establish consumer rights and interests guarantee funds by agreement,and assume compensation responsibility in advance.(2)Complaint and report mechanismEstablish a complaint and report mechanism,publicize complaint report information,and to eventually resolve disputes fair

12、ly.5.Dispute resolution for e-commerce(3)Assist in safeguarding rightsWhen disputes between consumers and merchants occur,operators of e-commerce platforms should actively assist consumers in safeguarding the legitimate rights and interests.(4)Online dispute resolution mechanismEstablish an online dispute settlement mechanism to develop and public settlement rules,and to resolve the disputes equitably and impartially.E-commerce Legal EnvironmentLegal Regulations for E-commerce Transactions