The goods or services ranked by bidding shall be marked with ＂advertisement＂.

????□ Legal Daily reporter Pu Xiaolei

????Do I need to register for business if I sell my own agricultural and sideline products on the e-commerce platform?

????Who will bear the risks and responsibilities in commodity transportation?

????How to solve the problem of unfair trading behavior of operators in the e-commerce platform?

????How to solve the problem that it is difficult for consumers to report complaints and obtain evidence?

????……

????All these questions can be answered in the second draft of the draft e-commerce law submitted to the 30th session of the 12th the National People’s Congress Standing Committee (NPCSC) for deliberation today.

??? Exemption from further relaxation of industrial and commercial registration scope

????Paragraph 1 of Article 12 of the first draft stipulates that e-commerce operators shall handle industrial and commercial registration according to law. However, there is no need to obtain permission in accordance with the law to provide labor services with personal skills, cottage industry, self-production and marketing of agricultural products, and there is no need for industrial and commercial registration in accordance with laws and regulations. The specific measures shall be formulated by the State Council.

????In this regard, there are two opinions: one opinion is that the scope of exemption from industrial and commercial registration is too narrow, which is not conducive to the development of e-commerce. Another view is that the draft is generally consistent with the provisions of the measures for investigating unlicensed business recently promulgated and implemented in the State Council. At present, industrial and commercial registration and tax registration have been merged, and one photo and one yard are implemented. Industrial and commercial registration is the basis of tax collection and management, and industrial and commercial registration should be unified online and offline.

????After research, the Law Committee suggested that the above provisions be amended as follows: E-commerce operators should handle industrial and commercial registration according to law. However, sales of self-produced agricultural and sideline products, sales of household handicraft products, personal use of their own skills to engage in convenient labor services activities that do not require permission according to law, and industrial and commercial registration is not required according to laws and administrative regulations.

??? E-commerce operators shall not fabricate user evaluations.

????Some members of the Standing Committee, local governments, departments and the public suggested further strengthening the obligations of e-commerce operators, especially platform operators, and strengthening the protection of consumers’ rights and interests.

????After research, the Law Committee proposes to add the following provisions:

????E-commerce operators shall not infringe consumers’ right to know by means of false propaganda, fictitious transactions, fabricated user evaluations, etc.

????E-commerce operators shall deliver goods or services to consumers in the way and within the time limit promised or agreed with consumers, and bear the risks and responsibilities in the transportation of goods. However, unless the consumer and the e-commerce operator agree to choose another express logistics service provider.

????E-commerce operators shall clearly indicate the methods and procedures for users to cancel, and shall not set unreasonable conditions for users to cancel.

????E-commerce platform operators shall bear the responsibilities of commodity sellers or service providers according to law for commodity transactions or service transactions marked as self-operated businesses.

????E-commerce platform operators should display search results to consumers in various ways according to the price, sales volume and credit level of goods or services; For the goods or services ranked by bidding, "advertising" shall be clearly marked.

??? Platform operators shall not charge unreasonable fees.

????Some members of the Standing Committee, enterprises, experts and the public suggested that the relevant provisions of the draft should be improved in view of the unreasonable service agreements and trading rules used by e-commerce platforms to implement unfair trading behaviors against operators in the platform.

????After study, the Law Committee recommends the following amendments:

????In article 23 of the first draft, the provision that operators of e-commerce platforms should publicly solicit opinions when modifying the platform service agreement and publicize the modified contents in advance is added.

????Item 5 of Article 55 of the first draft is amended as follows: Operators of e-commerce platforms shall not unreasonably restrict or attach unreasonable trading conditions to the transactions and transaction prices of operators within the platform by means of service agreements and trading rules, or charge unreasonable fees to operators within the platform.

??? Strengthen the intellectual property protection responsibility of platform operators

????Article 53 of the first draft stipulates that if the operators in the e-commerce platform "know" that they infringe intellectual property rights, they shall take necessary measures such as deletion according to law.

????Some members of the Standing Committee, departments, enterprises and experts suggested further strengthening the intellectual property protection responsibility of platform operators.

????After research, the Law Committee suggested that the above provisions should be amended as follows: if the operators of e-commerce platforms know or should know that the operators in the platforms infringe intellectual property rights, they should take necessary measures such as deleting, shielding, disconnecting links, terminating transactions and services; If necessary measures are not taken, they shall be jointly and severally liable with the infringer. At the same time, in Article 54 of the first draft, it is added that if the operator of the e-commerce platform fails to take necessary measures in time after receiving the notice of infringement of intellectual property rights by the operators in the platform, it shall be jointly and severally liable for the expanded damage and the operators in the platform.

??? Operators shall promptly accept and handle complaints.

????Some members of the Standing Committee, local authorities, experts, and the public suggested that it is difficult for consumers to report complaints and obtain evidence in practice, and further improve the norms for handling disputes in e-commerce.

????After research, the Law Committee suggested that "e-commerce dispute settlement" should be a separate chapter, and the following provisions should be added:

????E-commerce operators should establish a convenient and effective complaint and reporting mechanism, disclose information such as complaint and reporting methods, and promptly accept and handle complaints and reports.

????In e-commerce dispute handling, e-commerce operators should provide original contracts and transaction records. If the people’s court, the arbitration institution or the relevant authorities are unable to ascertain the facts because the e-commerce operators have lost, forged, tampered with, destroyed, concealed or refused to provide the above information, the e-commerce operators shall bear corresponding legal responsibilities.